Attorney Park Yong-ju, Counsel for the plaintiff-appellant

1. On the grounds of appeal by the prosecutor, on the same grounds as the judgment of the court below, the court of first instance that found the facts charged in the instant case guilty on the grounds that there was no proof of crime, and sentenced not guilty. Examining the grounds of the judgment of the court below in light of the relevant legal principles and records, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the exclusion of illegally

2. As to the defendant's appeal

The essence of Defendant’s appeal is to correct a unfavorable original judgment and claim a judgment that is advantageous to Defendant’s judgment. Thus, Defendant’s judgment cannot have the right to appeal if the judgment did not disadvantage Defendant himself (see Supreme Court Decision 93Do1091, Jul. 29, 1994). Defendant’s judgment of innocence is the most favorable judgment against Defendant and cannot be deemed to be a judgment disadvantageous to Defendant. Thus, Defendant’s mother’s appeal filed on October 24, 2019 without the right to appeal. Thus, Defendant’s appeal filed in a state of absence of the right to appeal. Accordingly, Defendant’s appeal is unlawful, and it is also unlawful in light of the appellate brief filed by Defendant to the Supreme Court on December 27, 2019.

3. Conclusion

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

Justices Kwon Soon-il

Justices Lee Ki-taik

Justices Kim Jong-soo