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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment in light of the records, the lower court, on the grounds stated in its reasoning, found Defendant A not guilty of the facts charged of this case (except for the portion guilty) on the ground that there is no proof of crime, and found Defendant B not guilty of the facts charged of this case on the ground that there is no proof of crime. In so doing, contrary to the allegation in the grounds of appeal, the lower court is justifiable to have determined that the lower court did not err by misapprehending the bounds of free evaluation of evidence in violation of logical
On the other hand, the prosecutor appealed against Defendant A in the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.
2. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant A was guilty of this case’s facts charged (excluding the part not guilty of the grounds for appeal) on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the violation of the Act on the Regulation of Fraud or Similar Receiving Acts, without exhaust all necessary deliberations as alleged in the grounds for
In addition, the argument that the court below erred in violation of the principle of balance of punishment or the principle of responsibility in the method of examining the sentencing and determining the sentencing, which goes beyond the inherent limit of the sentencing discretion, constitutes an unfair argument of sentencing.
Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal is allowed, and thus, the determination of punishment is unfair in this case where Defendant A was sentenced to minor punishment.