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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there was no error of law by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.
In addition, the argument that the lower court erred by infringing on the essential contents of the principle of balance of crime or the principle of responsibility in determining the sentencing is ultimately an unfair argument in sentencing.
Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.