For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the charge of forging private documents and forging private documents related to C’s application form for joining mobile phones, on the grounds that there is no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on “the exception to the admissibility of evidence” under Article 314 of the Criminal Procedure Act.

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