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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Since the court's decision to consolidate pleadings belongs to the court's discretion, it cannot be said that the court below erred even if it did not combine the case with other cases against the defendant.
According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.
In such a case, the argument that the lower court erred by mistake of facts as to mental disorder is not a legitimate ground of appeal.
The argument that the lower court’s determination of sentencing contains an error of incomplete deliberation on basic facts for sentencing constitutes an allegation of unfair sentencing.
However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing
In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot be a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.