Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have convicted the Defendant of the facts charged of this case (excluding the portion not guilty) on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding
In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on mental and physical disability based on the circumstances as stated in its reasoning, and there is no error of not recognizing mental
In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the
2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have maintained the first instance judgment that acquitted the Defendant of violation of the Punishment of Violences, etc. Act (Habitual Bribery) among the facts charged in the instant case on the grounds stated in its reasoning
In so doing, contrary to the allegations in the grounds of appeal, there were no errors 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
Meanwhile, although the prosecutor appealed to the entire judgment of the court below, there is no specific reason in the petition of appeal as to the guilty portion, and the appellate brief does not contain any grounds for objection.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.