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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Based on its stated reasoning, the lower court affirmed the first instance judgment convicting the victim J of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the establishment of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes
According 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 is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.