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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 Defendant A on the ground that there was no proof of crime regarding the fraud of Defendant A’s victim E among the facts charged in the instant case.
The judgment below
In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to joint principal offenders.
2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, an appeal is permitted only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in the instant case where a more minor sentence has been imposed against the said Defendant, the argument that the amount of punishment is unfair is not 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.