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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, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.
In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on exclusion of admissibility of illegally collected evidence and determination of credibility
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.