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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal principles on the violation of Article 140 subparag. 1 of the National Land Planning and Utilization Act and the mistake of law under Article 16 of the Criminal Act in determining the guilty of the facts charged of this case on the grounds as stated in its reasoning.
According to 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 is imposed, an appeal on the grounds of unfair sentencing
In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.