The appeal is dismissed.

The grounds of appeal are examined.

In light of the relevant legal principles and records, the lower court, contrary to what is alleged in the grounds of appeal, erred by misapprehending the legal doctrine regarding abuse of prosecution power or infringement of right

The lower court did not err by infringing the Defendant’s right of pleading in violation of the presumption of innocence in the trial procedure.

In addition, the argument that the judgment of the court below is erroneous in the violation of the rules of evidence as to the basic facts for sentencing constitutes the argument of unfair sentencing.

However, 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 on the defendant, the argument that the punishment is too 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.