All appeals are dismissed.

1. The prosecutor's appeal is examined.

The lower court upheld the first instance judgment that acquitted Defendant A on the ground that there was no proof of crime regarding the part concerning special injury among the facts charged in the instant case.

The judgment below

Examining the reasoning of the lower judgment in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the duty to recognize a reduced fact, or by omitting judgment.

2. The grounds of appeal by Defendant B are examined.

The assertion that the lower court exceeded the inherent limit of sentencing discretion and erred by misapprehending the legal doctrine on the method of sentencing review and sentencing judgment constitutes an unfair argument in sentencing.

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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant B was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable because it is too unreasonable is not a legitimate ground for appeal.

3. The prosecutor and Defendant B’s appeal are without merit, and all of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.