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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing on the ground of appeal.
In such a case, the argument that the lower court erred by mistake of facts, misunderstanding of legal principles, etc. is not a legitimate ground for appeal.
In addition, the argument that the court below's decision was unlawful because it failed to properly deliberate even though there were changes in various circumstances that serve as the sentencing conditions compared with the first instance court is ultimately unfair.
According to Article 383 (4) of the Criminal Procedure Act, a final appeal shall be allowed only for cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is declared.
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 appeal.
On the other hand, the defendant stated in the notice of the grounds for appeal that "the crime of this case was committed in the state of mental or physical loss or mental weakness (the crime was committed in the state of drinking or mental or physical weakness)" and did not state specific reasons therefor. Thus, it cannot be deemed legitimate grounds for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.