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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, the court below is just in finding the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in this case (excluding the part determined as innocence and dismissal of prosecution) on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles
In addition, the ground of appeal that there is an error of law in the misapprehension of legal principles as to the examination procedure of evidence concerning part of the evidence is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the court below did not consider it as the subject of judgment ex officio
In addition, 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 amount of 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.