Text
All appeals are dismissed.
The judgment below
All appeals against the judgment of the court below by the defendant A and C in the text.
Reasons
We examine the grounds of appeal.
1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed. Thus, in this case where Defendant A’s minor punishment is imposed, the argument that punishment is too unreasonable is not legitimate grounds of appeal.
2. As to the grounds of appeal by Defendant C, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment on the ground that there was a grave mistake of facts in the judgment of the court below, only in the case where
Therefore, in this case where a more minor sentence is imposed against Defendant C, the argument that the court below's decision on the selection of evidence and probative value or its finding of facts based thereon is not a legitimate ground for appeal.
In addition, the argument that the judgment of the court below did not dismiss the prosecution against the defendant C by excluding the abuse of prosecutor's right to institute a public prosecution, is erroneous, and it is not a legitimate ground for appeal, as it is alleged in the ground for appeal by the defendant C as the ground for appeal or by the court below as the object
3. Therefore, the final appeal is all dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since the lower court’s order and its reasoning are obviously erroneous, it is decided to revise the same in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent
March 22, 2019