소방시설공사업법위반등
All appeals are dismissed.
1. As to the reasons for Defendant F’s appeal, the recognition of facts constituting an offense ought to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds as indicated in its reasoning, convicted all of the Defendant of the facts constituting an offense.
The grounds of appeal disputing the lower court’s factual recognition are merely grounds for the lower court’s determination of the evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, relevant statutes, and evidence duly adopted, the lower court did not err by misapprehending the legal doctrine regarding the two punishment provisions, etc. as prescribed in Articles 68 subparag. 2, 29(3), and 71 of the Industrial Safety and Health Act, or by exceeding the bounds of the free evaluation principle.
2. According to the record as to Defendant D’s appeal, Defendant D appealed against the judgment of the first instance, and asserted misunderstanding of facts on the grounds of appeal as well as unfair sentencing on the grounds of appeal, but withdrawn the grounds for appeal as to misunderstanding of facts on the date of the first trial of the lower court.
In such a case, the argument that the lower court dismissed the Defendant’s appeal that there was an error of misunderstanding of facts or misunderstanding of legal principles 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.