All appeals are dismissed.

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant A’s appeal, only in a case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal based on unfair sentencing is permitted. As such, in the instant case where Defendant A was sentenced to a more minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendants on the grounds that all of the facts charged in the instant case (excluding the guilty part against Defendant A) constituted a case where there is no proof of crime, on the grounds of its stated reasoning.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.