컴퓨터등사용사기등
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the records in light of the records on Defendant A’s grounds of appeal, the lower judgment did not err by infringing on Defendant A’s right to claim the perusal of trial records.
In a written judgment, a judge’s signature and seal is one (Article 41 of the Criminal Procedure Act), and a judge’s signature and seal is not necessary until a copy of the judgment delivered to the accused is delivered to the accused (see Supreme Court Decision 2007Do3060, Jun. 28, 2007). In short, the lower court did not err by omitting the judge’s signature
All arguments to the effect that the judgment of the court below contains an error of law by misunderstanding the legal principles as to the ordinary concurrence, crime organization activities, and establishment of crime organization, are all asserted by the defendant A as the grounds for appeal or by the court below as the subject of ex officio judgment, and it cannot be a legitimate ground for appeal.
The argument that the court below erred in the misapprehension of legal principles as to sentencing constitutes the allegation of unfair sentencing.
However, 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.
2. As seen in the judgment on the grounds of appeal by Defendant T, 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 is allowed.
Defendant
In this case where a more minor sentence is imposed on T, the argument that the punishment is too unreasonable is not 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.