1. According to Article 383 subparag. 4 of the Criminal Procedure Act, Defendant A and Article 383 of the C Criminal Procedure Act, an appeal may be filed on the ground of unfair sentencing only in cases where a death penalty, life imprisonment, or imprisonment

Therefore, in this case where Defendant A and C were sentenced to a more minor sentence, the argument that punishment is too unreasonable is not a legitimate ground for appeal.

2. The lower court found Defendant B, E guilty of the injury by robbery among the facts charged against Defendant B and E.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of robbery and co-principal.

As seen above, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been pronounced may be appealed on the ground of unreasonable sentencing.

Therefore, in this case where Defendant B and E are sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. Defendant D appealed against the judgment of the first instance court, and only asserted unfair sentencing as the grounds of appeal, and the lower court did not consider the matters alleged in the grounds of appeal ex officio as the subject of adjudication.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles is not a legitimate ground of appeal.

As seen above, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been pronounced may be appealed on the ground of unreasonable sentencing.

Therefore, in this case where the defendant D was sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

4. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.