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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that the Defendant was guilty of the facts charged in this case for the reasons indicated in its holding, and there is no error of law by misapprehending the legal doctrine on the violation of the Financial Investment Services and Capital Markets Act,
In addition, the argument that the judgment of the court below violated the sentencing guidelines by misunderstanding the legal principles on the violation of the Financial Investment Services and Capital Markets Act is ultimately an unreasonable sentencing argument.
However, under 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 not less 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 punishment
2. According to the records on Defendant B’s grounds of appeal, 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 mistake is not a legitimate ground of appeal.
In addition, under 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 not less 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 amount of punishment is unreasonable
3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.