사기
All appeals are dismissed.
1. Examining the reasoning of the lower judgment as to the Defendant A’s grounds of appeal in light of the evidence, the lower judgment that found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning did not err by misapprehending the legal doctrine as to co-principal by failing to exhaust all necessary deliberations, as otherwise alleged in the grounds of appeal.
In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the
2. As to the grounds of appeal by Defendant B, the lower court omitted judgment on the grounds of sentencing in sentencing against the Defendant, misunderstood the facts premised on sentencing, deviates from the inherent limit of sentencing judgment, and neglected the concurrent relationship under the latter part of Article 37 of the Criminal Act, constitutes an allegation of unfair sentencing.
However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.