1. Examining the grounds of appeal on Defendant C’s violation of the Military Service Act in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s conviction on this part of the facts charged is justifiable, and there is no violation of law by exceeding the bounds of the free evaluation of evidence against logical and empirical rules.

2. Where a defendant appealed on the grounds of unfair sentencing against the judgment of the court of first instance on the grounds of the remaining grounds of appeal by Defendant C and the grounds of appeal by the remaining Defendants except Defendant C, the appellate court’s judgment may not be deemed as the grounds of mistake

(2) In a case where the Defendant, on April 13, 2006, appealed from the judgment of the first instance on the ground of unfair sentencing along with other grounds for appeal, in a case where the Defendant appealed from the judgment of the first instance on the ground of unfair sentencing, and thereafter withdraws the grounds for appeal other than the judgment of the lower court prior to the pronouncement of the judgment of the lower court, it cannot be said that there

(2) According to the records of the first instance judgment, Defendant C appealed on September 9, 2005 (see, e.g., Supreme Court Decision 2005Do3244, Sept. 9, 2005). The records reveal that, while appealed from the first instance judgment, Defendant C asserted only unfair sentencing and violation of the Military Service Act, and the remaining Defendants except Defendant C have asserted as grounds for appeal, and the Defendants have withdrawn all of the grounds for appeal other than misconception of facts as to the violation of the Military Service Act by Defendant C on the first day

Therefore, among the judgment below, the allegation that there was an error of mistake of facts in the remaining guilty portion except for Defendant C’s violation of the Military Service Act cannot be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, death penalty, imprisonment with or without prison labor for life or for not less than ten years.