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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) Defendant A’s defense counsel at the lower court’s lower judgment on September 7, 2017, which affected the conclusion of the judgment, and the sentencing is also unfair, thereby filing an appeal.
“A petition of appeal stating the content of “” was submitted, and a notice of receipt of the record of trial was served on September 20, 2017 to Defendant A, and Defendant A and his/her defense counsel appealed on the grounds of mistake of facts, misunderstanding of legal principles, and improper sentencing at the court of the trial on May 15, 2018.
However, the argument that "misunderstanding of facts and misapprehension of legal principles" as stated in the petition of appeal is not a legitimate ground for appeal since it is clear that the court below's argument that "unfair sentencing" stated in the petition of appeal is too heavy on the part of the defendant A, and this part of the appeal is legitimate grounds for appeal, and thus, the attorney appointed on February 2, 2018 and resigned on April 17, 2018, and the counsel was appointed on May 14, 2018, and at present, the counsel was appointed on May 14, 2018). The argument that "misunderstanding of facts and misapprehension of legal principles" stated in the petition of appeal can not be a legitimate ground for appeal because it is difficult to find specific grounds for misconception of facts and misunderstanding of legal principles. However, the argument that "unfair sentencing" stated in the petition of appeal is too excessive on the part of the court below's sentence imposed on the defendant A, and thus, this part of the judgment below is examined as to the unjust sentencing of the defendant A, and the conclusion of the court below's judgment is acceptable.
2) The sentence of the lower court (two years of imprisonment, three years of suspended execution) is too unreasonable.
B. The prosecutor (not guilty part of the judgment of the court below) committed fraud against H Co., Ltd.