1. The public prosecutor’s grounds of appeal are proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value based on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Based on its stated reasoning, the lower court acquitted the Defendant on the violation of the Resident Registration Act among the facts charged in the instant case.

Examining the reasoning of the lower judgment in light of the record, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors 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 direct psychological principle

2. Examining the reasoning of the lower judgment on the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of violating the Punishment of Violences, etc. Act (joint confinement) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on whether the Defendant constitutes the elements of a crime of violation of the Punishment of Violences, etc. Act

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