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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Sentencing guidelines set up by the Sentencing Committee of the Supreme Court in accordance with Article 81-2 of the Court Organization Act are general and objective criteria set up for rational sentencing in criminal trials, so they shall be respected in selecting the types of punishment and determining the sentence, but they shall not have the legal binding force.
(Article 81-7(1) of the Court Organization Act. Therefore, we cannot accept the allegation in the grounds of appeal that the lower court’s violation of sentencing guidelines by mistakenly interpreting sentencing guidelines is illegal.
In addition, pursuant 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 more 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
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.