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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court is justifiable to have determined that the Defendant was guilty by applying Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes to the facts charged in the instant case. In so doing, it did not err by misapprehending the legal doctrine on Article 5-4(6) of the Act on
In addition, considering the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no error of law such as misconception of facts or misunderstanding of legal principles as to
In addition, pursuant 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 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
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.