건설산업기본법위반등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
In light of the records, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the embezzlement of the facts charged of this case on the grounds that there is no proof of the facts charged, and found the Defendant not guilty. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds
On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but did not state the grounds of appeal as to this part in the petition of appeal or appellate brief.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.