1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by the defendant, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced, an appeal may be filed on the grounds of unfair sentencing.

Therefore, in this case where a fine is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

2. The lower court, on the grounds of the prosecutor’s appeal, reversed the first instance judgment that found the Defendant guilty and acquitted, on the grounds that there was no proof of crime regarding the part of assault against the victim E among the facts charged in the instant

The judgment below

Examining the reasoning in light of the record, the lower court’s determination is justifiable and did not err by misapprehending the legal doctrine regarding the exercise of force in the crime of assault.

3. Conclusion and the Prosecutor’s appeal are all dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.