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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of all the modified facts charged (excluding both the portion of innocence) on the grounds stated in its reasoning.
In doing so, there is no error of misapprehending the legal principles as to the intention of unlawful acquisition, fraud, and embezzlement in the crime of robbery, by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.
2. As to the reasons for the prosecutor’s appeal, the lower court affirmed the first instance judgment that acquitted the Defendant, on the ground that each of the fraudulent parts against the victim E, victim E, victim net G, and victim D (2.5 million won part) among the facts charged in the instant case did not prove a crime, and on the ground that there was no proof of crime, determined the Defendant not guilty on the grounds that there was no proof of crime as to all of the facts charged in the instant case.
The judgment below
Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.
Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on robbery and fraud.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.