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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted Defendant B of each of the facts charged in the instant case (excluding the part concerning the charge) on the grounds stated in its reasoning.
The judgment below
Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the criminal intent of fraud
2. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal in light of the evidence duly admitted, it is justifiable to maintain the first instance judgment convicting Defendant A 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 the principle of free evaluation of
3. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted, the lower court is justifiable to have convicted Defendant B of the facts charged in this case (excluding the acquittal portion) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on Defendant B, the argument that the amount of punishment is unreasonable
4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.