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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. According to the records on the Defendant’s case, the Defendant and the requester for an attachment order (hereinafter “Defendant”) appealed against the judgment of the first instance, and only asserted the illegality of sentencing along with the Defendant’s mental and physical disorder on the grounds of appeal.
In such cases, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.
B. In addition, even if we look at the judgment below, there is no error of law as alleged in the grounds of appeal.
In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no violation
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment regarding the claim for attachment order, there is a risk that the Defendant may recommit robbery on the grounds as stated in its reasoning.
In light of the above, it is just to maintain the judgment of the first instance ordering the defendant to attach an electronic tracking device for a period of three years, and there is no violation of law as alleged in the grounds of appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.