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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, it is just to find the court below guilty of violating the Act on the Control of Narcotics, Etc. among the facts charged in this case on the grounds as stated in its reasoning. There is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence or omitting judgment, or by misapprehending the relevant legal principles, as alleged in the grounds of appeal.
In addition, the argument that the judgment of the court below erred by deviating from the inherent limit of sentencing discretion is an unreasonable sentencing argument.
However, under 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 not less 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.