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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds for appeal by Defendant A, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in the instant case where a more minor sentence has been imposed against Defendant A, the allegation that the amount of punishment is unreasonable is not a legitimate ground for appeal.
2. As to Defendant B’s grounds of appeal
A. Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). (B) The lower court, on the grounds the same as indicated in the first instance judgment, determined that Defendant B, as indicated in the facts charged in the judgment of the lower court, had a non-legal practitioner conduct legal affairs concerning non-litigation cases, such as personal rehabilitation, using the name of the attorney-at-law of the Defendant B, and rejected Defendant B’s assertion on the grounds of misconception of facts and misapprehension of legal principles.
(c)
The allegation in the grounds of appeal disputing this part of the lower judgment is merely an error of the lower court’s determination on the selection and probative value of evidence, which substantially belongs to the free judgment of the fact-finding court. In addition, while examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court’s judgment did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and went beyond the bounds of the principle of free evaluation of evidence, contrary to logical and empirical rules.