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All appeals are dismissed.
Reasons
The grounds of appeal (to the extent of supplement in case of each reference material submitted by Defendant B after the lapse of the period for submitting the grounds of appeal) are examined.
1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds for appeal by Defendant A, an appeal may be filed on the ground that the judgment of the court below affected the conclusion of the judgment, or that the amount of the punishment is extremely unreasonable, on the grounds that the judgment of the court below was pronounced, only for a case on which death penalty, life imprisonment,
Therefore, in the instant case where a more minor sentence was imposed against Defendant A, the argument that the lower court erred by misapprehending the legal doctrine, hearing failure, etc., and practically denying the lower court’s determination of evidence selection and probative value or fact-finding based thereon, or by exceeding the reasonable bounds of discretion, and the argument that the amount of punishment is unfair is not a legitimate ground for appeal as prescribed in the above provision.
2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, an appeal may be filed for the reason that the judgment of the court below was affected by mistake of a serious fact, only in the case where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten
Therefore, in this case where a more minor punishment is imposed on Defendant B, the allegation to the effect that there is a mistake of facts, failure of deliberation, omission of judgment, etc. due to the violation of the rules of evidence, and in fact, the court below's selection of evidence and probative value, or the finding of facts based thereon, is not a legitimate ground for appeal as provided in the above provision.
3. Therefore, all appeals are dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.
June 16, 2017