1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant of murder among the facts charged in the instant case and acquitted the Defendant on the ground that there is no evidence of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, misapprehending the legal doctrine on the request for changes in indictment and the duty to recognize the reduced facts.

2. As to the Defendant’s grounds of appeal, the allegation that the lower court erred by failing to exhaust all necessary deliberations on the sentencing, and by violating the principle of balanced criminal punishment and the principle of responsibility constitutes an allegation

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 punishment

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