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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.
In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.
In addition, the testimony of the witness G of the first instance court who was charged with perjury is proved to be false by a final judgment, and cannot be deemed to fall under the case where the testimony of the witness G of the first instance court who was charged with perjury is proved to be false by a final judgment. Thus, this case cannot be deemed to fall under “when
Meanwhile, pursuant to Article 383 subparag. 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 Defendant’s punishment is too unreasonable is not a legitimate appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.