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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the facts charged in this case was guilty on the grounds stated in its reasoning.
The above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the intent of murder.
Meanwhile, the lower court’s assertion that the lower court erred by misapprehending the legal doctrine on Article 51 of the Criminal Act, thereby deviating from the inherent limit of sentencing judgment constitutes an unfair argument in sentencing.
Therefore, 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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, 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.