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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Since the proviso of Article 59(1) of the Criminal Act, which stipulates the grounds for disqualification of the Supreme Court precedents, cannot be deemed as infringing on the fundamental rights of the defendant, such as the right to pursue happiness and the right to equality, the ground for appeal that the above provision of law is unconstitutional cannot be accepted.
In addition, the argument that the lower court erred by misapprehending the legal doctrine on the grounds for disqualification for funeral, thereby failing to suspend the pronouncement, is ultimately an unfair argument for sentencing.
According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.
In this case where a fine 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.