All of the defendants' appeals are dismissed.

The judgment below

Defendant B’s special larceny and January 17, 2012.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the Defendants’ grounds of appeal, an appeal may be filed on the grounds of unfair sentencing only for the cases on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed. Thus, in this case where the Defendant A was sentenced to imprisonment with prison labor for each of the crimes set forth in Articles 1 and 6 and 2 through 6 of the Decision of Defendant B, with prison labor for not less than six months, and not less than eight months for each of the crimes set forth in Articles 8 through 11

2. Article 364(4) of the Criminal Procedure Act provides that the appellate court shall dismiss an appeal by judgment when it recognizes that the appeal has no merit.

According to the records, among the facts charged in this case against Defendant B, each of the special larceny and the part on the crime of fraud as of January 17, 2012, which was pronounced not guilty in the first instance court and appealed by the prosecutor. The lower court determined that the prosecutor’s appeal as to this part is groundless in its reasoning, but did not dismiss the appeal in its disposition. Thus, the lower court erred by violating Article 364(4) of the Criminal Procedure Act.

(See Supreme Court Decisions 2008Do5040 Decided October 9, 2008; 2012Do1924 Decided January 31, 2013, etc.). Accordingly, among the facts charged against Defendant B, the lower court’s judgment is not exempt from reversal in this respect of each special larceny among the facts charged in this case against Defendant B and the part concerning fraud of January 17, 2012. Accordingly, this part of the case is deemed sufficient to render a judgment based on the records of trial and the evidence examined up to the lower court, and thus, this Court shall render a direct judgment pursuant to Article 396 of the Criminal Procedure Act.

Among the facts charged in the instant case, the summary of the prosecutor’s appeal against Defendant B’s special larceny and fraud as of January 17, 2012 can be sufficiently recognized based on the evidence submitted by the prosecutor, but the lower court is in this part of the facts charged.