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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. As to the charge resulting from the Defendants’ confinement
A. The finding of guilt in a criminal trial ought to be based on evidence with probative value, which can lead a judge to confluence that the facts charged are true beyond a reasonable doubt. Barring such proof, even if there is no doubt of guilt against the Defendant, the conviction cannot be rendered against the Defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Furthermore, the choice of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). (b) The first instance court held that ① the statement of the body and field situation of a police officer in charge of the autopsy, the difference between the death process due to low temperature evidence and H’s death process, and the possibility of existence of other causes of death, such as internal personality death, etc., it is difficult to readily conclude that the causes of death of H was the material evidence indicated in this part of the facts charged, and ② the Defendants’ isolation and management measures against the patients without clearly revealed.
It is difficult to readily conclude, and ③ Defendant A was able to anticipate the possibility of the death of the H due to negligence in the management of patients by the nurses.
For the reasons indicated in its holding, it is difficult to see that there is no proof of a crime against the part on the charge of death resulting from confinement by the Defendants.
Furthermore, the lower court, on the grounds indicated in its reasoning, rejected the Prosecutor’s misunderstanding of the facts and misapprehension of legal doctrine on the first deliberation judgment, and rejected the Prosecutor’s allegation on the grounds of appeal.
(c)
Examining the grounds for appeal that the above determination by the court below was erroneous in light of the reasoning of the court below, this constitutes the basis for the judgment by the court below.