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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the grounds of appeal by the Defendants in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that the Defendants guilty of committing attempted crime, which is a reduction in the facts charged in the instant case, on the grounds indicated in its reasoning.
In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the intent, intent of unlawful acquisition, and the concept of “Intimidation” in
In addition, pursuant to 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 more 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 Defendants, the argument that the punishment is too unreasonable is not legitimate
2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendants on the charge of the instant facts charged (excluding the part concerning the charge) on the grounds stated in its reasoning,
In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine
On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal and there is no statement of the grounds for appeal in the 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.