Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court determined that the first instance judgment which found the Defendant guilty of the instant facts charged is justifiable, and rejected the grounds of appeal as to the mistake of facts that addresses the intention of murder.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err 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 the intentional murder, contrary to what is alleged in
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 amount of punishment is unreasonable
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.