Text
Defendant
All appeals of A, C, and E are dismissed.
Defendant
D Public prosecution against D is dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged on the grounds as indicated in its reasoning.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by omitting necessary judgment.
In addition, the argument that the judgment of the court below contains an error of law in incomplete deliberation on basic facts for sentencing is ultimately an allegation of unfair sentencing.
However, 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 on the grounds of unfair sentencing
Defendant
In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
2. As to the Defendant C’s grounds of appeal, the lower court convicted Defendant C of the facts charged on the grounds stated in its reasoning.
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 the establishment of a crime of quasi-rape of the disabled.
As seen above, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.
Defendant
In this case where a minor sentence is imposed against C, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
3. As to the grounds of appeal by Defendant E, the lower court found Defendant E guilty of the facts charged and did not recognize mental and physical disorder.
The judgment below
reasons. The reasons are duly adopted.