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All appeals are dismissed.
Reasons
1. As to Defendant A’s appeal, Defendant A did not submit the appellate brief within the statutory period, and Defendant A did not state the grounds for appeal in the petition of appeal.
2. As to the Defendant K’s ground of appeal, the allegation that there was an error in the misapprehension of facts as to the violation of the Narcotics Control Act due to the receipt and sale of phiphones among the facts charged in the instant case is alleged in the judgment of the court below, and thus, it cannot be a legitimate ground of appeal.
In addition, the argument that the judgment of the court below did not consider the reasons for reference to sentencing and sentenced the punishment contrary to the equality with other accomplices is ultimately an argument of unfair sentencing.
However, under Article 383 subparagraph 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the above argument to the
3. Examining the reasoning of the judgment below in light of the records, it is just to reverse the judgment of the court of first instance that found Defendant K not guilty of the violation of the Act on the Control of Narcotics, etc. from Handphone medication among the facts charged in the instant case on the grounds as stated in its reasoning, and to find the Defendant K not guilty, and contrary to what is alleged in the grounds of appeal, there is no error of law by misapprehending the legal principles on
4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.