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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that Defendant A was guilty of the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical
On the other hand, according to the records, Defendant A asserted only mistake of facts, error of legal principles, and did not state the grounds for appeal in the written grounds for appeal submitted within the statutory period. On September 20, 2016, the first trial date of the lower court on September 20, 2016, which was due to the lapse of the period for filing the appeal, and it can be known that Defendant A asserted facts on the grounds of unfair appeal, along with the alleged misunderstanding of facts and misapprehension of legal principles. Thus, Defendant A’s argument of sentencing is not included
Even if there is a violation of omission of judgment
subsection (b) of this section.
2. According to the records on the grounds of Defendant B’s appeal, Defendant B appealed against the judgment of the court of first instance, and asserted misunderstanding of facts, misunderstanding of legal principles, and withdrawal of the grounds of appeal as to mistake of facts, misunderstanding of legal principles, and misunderstanding of legal principles at the first trial date of the court below.
In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that Defendant B’s punishment is too unreasonable is not a legitimate ground for appeal.
3. The conclusion of the appeal is dismissed. It is so decided as per Disposition.