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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of violating the Act on the Control of Narcotics, Etc. by selling and possessing philphones among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the investigation of naval vessels, illegal arrest and detention, etc., contrary to what is alleged in the grounds of appeal.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against Defendant A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.
2. As to the grounds for appeal by Defendant B, the court below rejected the application for postponement of the sentencing date, since the postponement of the sentencing date belongs to the court’s discretion.
In so doing, contrary to the allegations in the grounds of appeal, there were no errors by infringing Defendant B’s right of defense.
In addition, the argument that the lower court’s determination of sentencing did not properly consider the investigation official document submitted to the lower court is ultimately unfair for sentencing.
Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant B was sentenced to minor punishment, the argument that the determination of punishment is unfair is not a legitimate ground for appeal.
The grounds for appeal by Defendant B are also stated in Article 383 of the Criminal Procedure Act.