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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.
In such a case, the argument that the lower court erred by misapprehending the legal principles on the evidence of fact-finding and confessions cannot be a legitimate ground for appeal.
In addition, even if examining the record, the lower court did not err by misapprehending the legal doctrine on the evidence of confession, as alleged in the grounds of appeal, thereby affecting the conclusion of the judgment.
Meanwhile, the argument that the lower court erred by misapprehending the legal principles on sentencing, thereby infringing on the essential contents of the principle of balance of punishment or the principle of responsibility 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.