(1) According to the protocol of trial of the first instance court of this case, there is no reason to argue that evidentiary documents listed in the theory of lawsuit are admissible as evidence, since they are those which the defendant consented to as evidence or their authenticity is recognized by the statement of the person making the original statement.

(2) According to the evidence in the judgment of the court of first instance and the judgment of the court of first instance cited by the court below, it is sufficient to recognize the defendant's non-guilty facts of this case, and there is no reason to argue that there is no violation of the rules of evidence, such as the theory of lawsuit

(3) Although the denial of criminal facts does not constitute an assertion of the fact that the establishment of a crime under Article 323(2) of the Criminal Procedure Act is dismissed, in light of the Defendant’s grounds of appeal, it is nothing more than the Defendant’s assertion of denial of criminal facts, and there is no reason to argue that the lower court’s omission of judgment did not determine the establishment of the crime on the premise that the Defendant’s assertion was a ground for

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

Justices Yoon Il-young (Presiding Justice)