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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that each of the instant facts charged constituted a case in which there was no proof of a crime, on the following grounds: (a) around April 30, 2014; (b) around May 1, 2014; (c) around May 1, 2014; and (d) May 13, 2014; and (b) on the grounds of the prosecutor’
The judgment below
Even if examining the reasoning of the lower judgment based on the record, the lower court did not err by misapprehending the legal doctrine regarding “a summary” in the crime of intrusion upon residence, or by misapprehending the rules of evidence, as alleged in the grounds of appeal.
2. Examining the reasoning of the Defendant’s appeal in light of relevant legal principles and evidence, the lower court did not err by misapprehending the legal doctrine on the crime of intrusion upon residence or by misapprehending the logical and empirical rules, contrary to what is alleged in the grounds of appeal, in so determining, on the grounds stated in its reasoning, that the Defendant was guilty of each of the residential intrusion around March 28, 2014 among the facts charged in the instant case, April 5, 2014, and May 1, 2014.
In addition, the argument that the court below violated the principle of trial on evidence in the sentencing is ultimately unfair.
In that sense, according to Article 383 subparag. 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 has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, the argument that sentencing is unfair in this case where a minor sentence has been imposed against the defendant does not constitute a legitimate ground for appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.