1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by the defendant, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases of which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been pronounced

Therefore, in the instant case where a more minor sentence was imposed on the Defendant, the lower court’s determination of the choice and probative value of evidence or the assertion disputing the recognition of facts based on this is not a legitimate ground for appeal

2. The lower court upheld the first instance judgment that acquitted the prosecutor on the grounds of the prosecutor’s appeal on the grounds of the instant facts charged, on the grounds that the failure to perform official duties, injury to C is not a crime, or there is no proof of a crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the legality of execution of official duties in the crime of interference with official duties

3. The final appeal by the Defendant and the Prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.