All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the records on the grounds of appeal by the defendant, while appealed against the judgment of the court of first instance, the defendant asserted that the sentencing was unfair on the grounds of appeal as well as the hearing failure on the grounds of appeal, but at the second trial date of the court below, the defendant asserted only unfair on the grounds of appeal and withdrawn the remaining arguments.

In such a case, the argument that the lower court erred by mistake of facts, failure to examine, etc. is not a legitimate ground for appeal, as it asserted by the Defendant on the ground of appeal, or that the lower court did not have decided ex officio.

In addition, according to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the reasoning of the Prosecutor’s appeal, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the conflict among the facts charged in the instant case, on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

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