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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. On the grounds of appeal by the Defendant, the lower court convicted the Defendant of the damage to property among the facts charged in the instant case.
Examining 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 the crime of
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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.
In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.
2. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the ground that there was no proof of crime as to the part of the facts charged of this case’s violation of structure
Examining the relevant legal principles and records, 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
On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.