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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, and the judgment of the court below has affected the conclusion of the judgment. Thus, in this case where the defendant was sentenced to imprisonment with prison labor for a period of four years and six months, the argument that the court below erred in mistake of facts or incomplete hearing is not a legitimate
Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.
In addition, the ground of appeal that there is an error of violation of the rules of evidence or incomplete deliberation as to sentencing conditions constitutes an argument of unfair sentencing.
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 defendant’s punishment is too unreasonable cannot
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.