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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 lower court, the lower court is justifiable to have determined that all of the facts charged in this case was guilty on the grounds stated in its reasoning. In so determining, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence by violating logical and empirical rules, or by misapprehending the legal doctrine
In addition, the argument that the judgment of the court below is erroneous in violation of the rules of evidence with regard to sentencing materials is ultimately an unfair argument for sentencing.
Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.