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 not less than ten years has been imposed, and thus, in this case where a more minor sentence has been imposed on the Defendant, the allegation

2. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant, and acquitted the Defendant, on the ground that the part concerning the fabrication of private documents and the uttering of private documents among the facts charged in the instant case did not constitute a case where a person, who is not authorized to prepare documents in the name of another person, does not constitute the crime of forging

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the fabrication of private documents and the uttering of private investigation documents, contrary to what is alleged in the grounds of appeal.

The Supreme Court precedents cited in the grounds of appeal are different from this case, and thus are inappropriate to be invoked in this case.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but does not state the grounds for objection to this portion in the petition of appeal and appellate brief.

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