Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court convicted the Defendant of the larceny part against the victim B and the person incompetence in name.
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the voluntariness of confession, the rules on the reinforcement of confessions,
The argument that the lower court’s determination of sentencing contains an error of law in violation of the principle of balanced criminal punishment, the principle of responsibility, and the principle of proportionality is ultimately an allegation of unfair sentencing.
However, according to 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 is imposed, an appeal on the grounds of unfair sentencing
In this case where a more minor sentence is imposed against the defendant, the argument that the 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.