폭력행위등처벌에관한법률위반(공동공갈)
All appeals are dismissed.
1. According to the records on Defendant G’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed), Defendant G appealed appealed against the judgment of the first instance and claimed a misapprehension of legal principles as well as unreasonable sentencing as the grounds of appeal, but withdrawn the grounds of appeal by misapprehending the legal principles on the first trial date of the lower court.
In such a case, the argument that the judgment below did not recognize mental disorder is not a legitimate ground for appeal.
In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed on the above defendant, the argument that the sentencing of the sentence is unreasonable
2. According to the records as to Defendant A’s grounds of appeal, Defendant A appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds of appeal.
In such a case, the argument that the lower court erred by misapprehending the legal principles cannot be a legitimate ground for appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.