All appeals are dismissed.

The grounds of appeal are examined.

1. Although examining the reasoning of the lower judgment on the Defendant’s grounds of appeal based on evidence, the lower court did not err by misapprehending the facts against logical and empirical rules or by misapprehending the relevant legal doctrine, contrary to what is alleged in the grounds of appeal.

2. As to the grounds of appeal by the public prosecutor, Article 51 of the Criminal Act and the matters concerning whether the opening of the sentence is obvious fall under the discretion of the court concerning the determination of the punishment widely. Thus, unless the grounds of appeal on the propriety of the determination of the punishment are adjudicated in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years pursuant to Article 383 subparag. 4 of the Criminal Procedure Act are adjudicated, the court of final appeal cannot decide whether the judgment below regarding the suspension of sentence and whether the conditions of the opening of the sentence are obvious.

(See Supreme Court en banc Decision 2001Do6138 Decided February 20, 2003). Therefore, the Prosecutor’s ground of appeal is unacceptable on the ground that the amount of punishment imposed by the lower court is unreasonable, and it merely criticizes the lower judgment.

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