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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 was justifiable to have determined that the modified facts charged of this case were guilty on the grounds stated in its reasoning.
In doing so, the court below did not err by misapprehending the bounds of free evaluation of evidence by exceeding the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles without exhausting all necessary deliberations as alleged in the grounds of appeal.
In addition, the argument that the judgment of the court below is erroneous in sentencing review is ultimately unfair.
Accordingly, under 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 more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a minor sentence has been imposed against the defendant, the argument that the defendant’s 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.