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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. The lower court reversed the judgment of the first instance court that found Defendant A guilty on the grounds that there was no evidence to prove a crime, and acquitted Defendant A.
The judgment below
Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
2. The lower court convicted Defendant B of the facts charged regarding Defendant B’s ground of appeal.
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 “physical abuse” and “ emotional abuse” as stated in the crime of violating the Child Welfare Act (child abuse).
According 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 not less than ten years is imposed, an appeal may be filed on the grounds
Therefore, in this case where the above defendant was sentenced to a minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
3. The final appeal by the prosecutor and Defendant B is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.