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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to Defendant A’s appeal, the Defendant did not submit the appellate brief within the statutory period, and the petition of appeal does not contain any information in the grounds of appeal.
2. Examining the reasoning of the lower judgment on Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that the Defendant was guilty of the facts charged alternatively added due to changes in the indictment on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable
3. Examining the reasoning of the lower judgment as to the grounds of appeal by Defendant C, D, and E in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have determined that the Defendants were guilty of the facts charged alternatively added as changes in the indictment on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle
In addition, there is an error of law by applying the legal principles on attempted suspension to the judgment below.
The argument that the domestic law cannot be applied because of the application of the Korea-U.S. Free Trade Agreement is that the defendants' grounds for appeal or the court below did not consider it as the subject of ex officio decision.