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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. The court below reversed the judgment of the court of first instance which found the Defendants guilty on the grounds that the part of violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment (excluding the part concerning the charge) among the facts charged against the Defendants constituted a case where there is no proof of crime, and sentenced the Defendant not guilty.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on Regulation and Punishment of Criminal Proceeds Concealment
Of the facts charged against the Defendants, the prosecutor appealed all of the charges against the Defendants on the violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment, but did not state specific grounds for objection to the guilty portion in the petition of appeal or the appellate brief.
2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding Defendant B’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years
Defendant
In this case where a more minor sentence is imposed on B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.