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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of statements in the grounds of appeal filed after the lapse of the period for submitting the grounds of appeal).
The judgment below
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, it is justifiable to have determined that the lower court was guilty of the instant facts charged (excluding the portion without charge) on the grounds stated in its reasoning.
In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) without failing to exhaust all necessary deliberations, as alleged in
In addition, the argument that the judgment of the court below violated the sentencing guidelines is ultimately unfair.
Accordingly, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the allegation that the above assertion or other determination of punishment is unfair does not constitute legitimate grounds for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.