All appeals are dismissed.

The grounds of appeal are examined.

1. As to the grounds for the Defendant’s appeal, the allegation that the lower court erred by infringing on the essential contents of the principle of balance of punishment or the principle of accountability constitutes an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

2. As to the reasons for the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the grounds that there was no proof of crime as to the primary facts charged of this case, on the grounds stated in its reasoning.

The judgment below

In light of the records, the above judgment of the court below is just, and it did not err by misapprehending the legal principles as to joint principal offenders, as otherwise alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.