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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. On the grounds of appeal by the public prosecutor, the lower court acquitted Defendant B on the ground that there was no proof of crime regarding the remaining existence of the facts charged against Defendant B, on the grounds indicated in its reasoning.
The judgment below
Examining the reasoning of the lower judgment in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on admissibility, recognition of probative value and joint principal offenders, thereby adversely affecting
Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the part of conviction against the Defendants did not include the grounds of objection in the petition of appeal or the appellate brief.
2. As to Defendant A’s grounds of appeal, Defendant A, despite having to recognize Defendant B as a co-principal for the crime of continuing murder, asserts that the lower court did not recognize it, and that Defendant A erred by misapprehending the legal doctrine of co-principal.
This is not different from the assertion of unfair sentencing, since the court below did not recognize Defendant B as a joint principal offender, and imposed a heavier sentence on Defendant A, and thus, it is unreasonable.
Furthermore, examining various circumstances that form the conditions for sentencing as shown in the records, such as Defendant A’s age and criminal behavior environment, relationship with the victim, motive means and consequence of the instant crime, etc., the determination of the lower court’s sentence that sentenced 18 years of imprisonment cannot be deemed to be too unreasonable, even considering the circumstances asserted in the grounds of appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.