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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The lower court rejected the Defendant’s assertion as to the Defendant’s mental and physical loss, based on the reasons and circumstances indicated in its holding.
The judgment below
Examining the reasoning of the lower court in light of the evidence duly admitted by the first instance court, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on robbery, injury by robbery, and mental and physical loss, contrary to what is alleged in the grounds of appeal
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not 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.