1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have found the Defendant guilty of the facts charged of this case (excluding the acquittal portion) on the grounds as stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the fact-finding or the crime of violating the Punishment of Violences, etc. Act (such as damage to property, such as collective weapons, etc.) by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

In addition, the argument that this case is transferred to the court located in Busan does not constitute a legitimate ground of appeal under Article 383 of the Criminal Procedure Act.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor, in light of the records, the lower court was justifiable to reverse the first instance judgment and acquitted the Defendant on the ground that there was no evidence of a crime regarding the violation of the Punishment of Violences, etc. (a collective weapon, etc., damage to property, such as a deadly weapon) on April 15, 2012 among the facts charged in the instant case, based on the reasons indicated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the exercise

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but did not submit the grounds for objection.

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