1. According to the records on Defendant B’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted a mistake of facts, along with the grounds of appeal, as well as the grounds of unfair sentencing, but withdrawn the assertion of mistake of facts on the second trial of the lower court, and left only the grounds

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, 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

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of the facts charged (excluding the acquittal portion) of the instant case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of

Meanwhile, as seen earlier, 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 is declared, and thus, the allegation that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

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