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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
According to the records, the defendant argued that he did not deceive the victim in the statement of grounds for appeal and did not have any intention to commit fraud, and that he did not state the above statement of grounds for appeal on the first day of the trial of the court below, and did not clearly withdraw the above allegation of mistake or misapprehension of legal principles. The court below can find that the court below rejected the defendant's appeal on the ground that the defendant's grounds for appeal is only the allegation of unfair sentencing, and without
However, in full view of the evidence duly admitted by the first instance court, the Defendant could recognize the fact that the Defendant committed the instant fraud by deceiving the victim as stated in the facts charged, and thus, the omission of judgment by the lower court does not affect the conclusion of the judgment.
On the other hand, the argument that the court below's mere violation of the principle of balanced criminal punishment or the principle of responsibility in sentencing against the defendant is attributable to the argument of unfair sentencing.
However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be filed in cases where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed for the defendant to be filed on the grounds
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.