All appeals are dismissed.

The grounds of appeal are examined.

1. According to the record on the grounds of appeal by the defendant, while appealed against the judgment of the court of first instance, the defendant asserted the mistake of facts, misunderstanding of legal principles, and withdrawal of the grounds of appeal by misunderstanding of facts and misunderstanding of legal principles on the grounds of appeal, on the first trial date of the court below.

In such a case, the argument that the lower court erred by mistake of facts, violation of laws, or misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, the argument that there was an error in violation of Article 51 of the Criminal Act and the rules of evidence in the determination of the sentencing by the court below is an unfair argument for sentencing. However, only in the case where the death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is sentenced pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal for the wrongful reason for sentencing is allowed. Thus, the argument that the sentencing of the punishment is unfair is unfair is not a legitimate ground for appeal.

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the prosecutor on the remainder of the facts charged except for the guilty portion among the facts charged in the instant case on the ground that there is no proof of crime.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, he did not state the specific reasons in the petition of appeal as to the guilty portion, and does not state the reasons for appeal in the letter of appeal.

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