1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by the defendant, an appeal on the grounds that the judgment of the court below affected the judgment by mistake of a serious fact shall be limited to a case on which death penalty or imprisonment with or without prison labor for life or for not less than ten years has been pronounced

In this case where a fine is imposed against the Defendant, the allegation in the grounds of appeal disputing the lower court’s factual recognition is not a legitimate ground of appeal.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the prosecutor on the charge of interference with business among the facts charged in the instant case and rendered a not guilty verdict on the grounds stated in its reasoning.

The judgment below

In light of the records, we affirm the above judgment of the court below.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the obstruction of business.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons 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.