1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the charges of violation of the Military Secret Protection Act and the charges of Defendant C, on the grounds that there is no proof of crime regarding each of the materials indicated in the list of the non-guilty portion among the charges against Defendant A and B as indicated in

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court 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 doctrine on “military secrets” and criminal intent in violation of the Military Secret Protection Act.

The Prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief concerning the guilty portion against Defendant A and B in the judgment below.

2. On the grounds of appeal by Defendant A, the lower court convicted Defendant A of the violation of the Military Secret Protection Act (excluding the part not guilty and not guilty of grounds) and the general transfer part among the facts charged against Defendant A.

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 “military secrets” in violation of the Military Secret Protection

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

Defendant

In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. As to the grounds of appeal by Defendant B, the lower court, on the grounds as indicated in its reasoning, classified as military secrets among the charges against Defendant B.