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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 was just in finding the Defendant guilty of the fraud against the victim D among the facts charged in the instant case on the grounds as stated in its reasoning. There were no errors in the misapprehension of legal principles as to the degree of probative value of evidence to recognize a fact beyond the bounds of the principle of logic and experience and free evaluation of evidence, the probative value of evidence to acknowledge the Defendant’s guilty,
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 sentencing of
In addition, it is illegal that the first instance court sentenced the defendant to imprisonment with prison labor for the defendant and made a statutory restraint.
It cannot be deemed that it violates the principle of excessive prohibition.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.