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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental reasons of appeal, which are not timely filed, to the extent of supplement in case of supplemental reasons of appeal).
1. As to the grounds for appeal by the Defendant, the lower court found the Defendant guilty of assaulting the Victim M among the facts charged in the instant case on the grounds stated in its reasoning.
The judgment below
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court did not err by misapprehending the legal doctrine on the expression of intent not to punish a person who was not subject to punishment in the crime of non-performance of intent as
In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, may be appealed on the ground that the judgment of the court below affected the conclusion of the judgment or that there is a substantial reason to recognize that the amount of the punishment has been extremely unfair. Thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the court below's determination of the punishment was unreasonable is not a legitimate ground for appeal.
Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under each subparagraph of Article 383 of the Criminal Procedure Act.
2. On the grounds of the Prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding forced indecent act among the facts charged in the instant case.
The judgment below
Examining the reasoning of the judgment below in light of the record, the court below erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, as alleged in the grounds of appeal.
subsection (b) of this section.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.