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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the evidence duly admitted by the first instance court, the lower court’s determination that the charge of the instant accusation was guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, thereby violating logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence.
In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued only mistake of facts and unreasonable sentencing as the grounds for appeal.
In this case, the argument that the court below erred by misapprehending the legal principles, violating the law, or not recognizing the mental or physical disorder of the defendant is not a legitimate ground for appeal.
Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.
Meanwhile, 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 punishment is unreasonable
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.