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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, the court below was justified in finding the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds stated in its reasoning, and it did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the principle of logic and experience, or by failing
In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and asserted misconception of facts as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in this case, together with unreasonable sentencing and mental disability as the grounds for appeal.
In such a case, the argument that the judgment of the court below did not recognize the defendant's mental disorder is unlawful, is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or that it was not subject
In addition, the defendant's assertion that he was in a state of mental disorder at the time of committing the crime is already accepted by the court below, so it cannot be viewed as a legitimate ground
On the other hand, the argument that the court below exceeded the inherent limits of sentencing discretion based on the principle of balanced sentencing or the principle of responsibility due to incomplete deliberation on the sentencing conditions is ultimately an allegation of unfair sentencing.
However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment
Therefore, the appeal is dismissed. It is so decided as per Disposition.