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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the Defendants’ grounds of appeal on unfair sentencing, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in this case where a minor sentence has been imposed on the Defendants, the argument that the sentencing
2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment as to Defendant A’s ground of appeal on erroneous determination, the lower court is justifiable to have found the Defendant guilty of violating the Act on the Control of Narcotics, Etc. from Purchase of Handphones among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower
3. According to the record as to Defendant C’s grounds of appeal on the misapprehension of the legal principle, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.
In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground of appeal.
Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.
4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.