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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
According to the records, in the statement of grounds of appeal, the Defendants asserted a mistake of facts as to each private document committed in the statement of grounds of appeal Nos. 3, 4, 6, 7, and 8 of the first instance judgment (hereinafter referred to as the “crime list”) among the facts charged in the instant case, and on the date of the trial of the lower court, the lower court determined that the Defendants’ grounds of appeal are limited to the grounds of unfair sentencing on the sole basis of the grounds of appeal
From among the facts charged in this case against the Defendants, the Defendants asserted the same purport as the grounds for appeal of mistake of facts as the grounds for appeal in regard to each act of aiding each private document listed in Nos. 3, 4, 6, 7, and 8 of the crime sight table among the facts charged in this case. It can be deemed that the lower court has omitted the judgment as to the above mistake of facts
However, examining the evidence duly adopted by the court of first instance, among the facts charged in this case against the Defendants, the court below may sufficiently find the Defendants guilty of each private document forgery Nos. 3, 4, 6, 7, and 8 of the crime sight table among the facts charged in this case. The court below did not err in finding the facts contrary to logical and empirical rules, and thus, the error of omission in the judgment is not affected by the judgment.
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 permitted. As such, in this case where Defendant A was sentenced to a more minor punishment and a fine for Defendant B, the argument that the amount of punishment is unreasonable is not a legitimate
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.