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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The lower court, among the facts charged in the instant case, accepted the prosecutor’s application for modification of the indictment on the part concerning the fraud listed in the No. 1 through No. 7 of the attached Table No. 1 to the victim I,
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on changes in indictment.
In addition, the argument that the lower court’s determination of sentencing erred by infringing on the essential contents of the principle of balanced criminal punishment or the principle of accountability is ultimately an allegation 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.