For the reasons indicated in its holding, the lower court reversed ex officio the conviction part of the first instance judgment, and rendered a judgment suspending the sentence of the Defendant on the grounds that the first instance court erred in the application of statutes, and rendered a judgment of conviction again.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, or by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

Meanwhile, the argument that the court below erred in the misapprehension of legal principles as to the admissibility of evidence of the recording tape and recording document is not a legitimate ground for appeal, since the defendant claims that the court below did not consider it as the ground for appeal or that it was not subject to judgment ex officio.

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