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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).
1. On the grounds of Defendant A’s appeal, the lower court convicted the Defendant of each of the instant charges of occupational breach of trust, occupational breach of trust, and secondary charges, and fraud, on the grounds stated in its reasoning.
Examining the relevant legal principles and evidence, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
2. On the grounds of the Prosecutor’s appeal against Defendant B, the lower court upheld the first instance judgment that acquitted the Defendant on the grounds that there was no proof of crime regarding the ancillary facts charged in the instant case, on the grounds stated in its reasoning.
In light of the records, the court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, as alleged in the grounds of appeal.
Meanwhile, among the judgment below, the prosecutor appealed on the primary charges of this case against the defendant, but there is no indication in the petition of appeal as to the grounds of appeal and there is no statement in the reasoning of appeal as to the grounds 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.