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All appeals are dismissed.
Reasons
1. The grounds of appeal by Defendant B are examined.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only the case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below affected the judgment on the ground that the
Therefore, in this case where a more minor sentence is imposed on Defendant B, the argument that the lower court’s fact-finding is practically asserted while misunderstanding the facts, misunderstanding the legal principles, is not a legitimate ground for appeal.
2. The prosecutor's appeal is examined.
The lower court upheld the first instance judgment that acquitted Defendant A of the facts charged in this case on the ground that there was no proof of crime.
The judgment below
Examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine on the crime of acquiring stolen goods, as alleged in the grounds of appeal.
3. The appeal by Defendant B and the prosecutor is without merit, and all of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.