1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the Defendant’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the Defendant, the allegation that

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment which acquitted the Defendant on the ground that it constitutes a case where there is no proof of a crime among the facts charged in the instant case, and there is no violation of law of logic and experience and free evaluation of evidence.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.