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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the reasoning of the lower judgment that the lower court erred by exceeding the inherent limit of sentencing discretion, the above ground of appeal is ultimately an unreasonable sentencing argument.
However, 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 determination of the sentence by the court below, including
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.