All appeals are dismissed.

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant of the instant facts charged and dismissed the public prosecution on the grounds that the instant public prosecution was based on an illegal naval investigation.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error of law by misapprehending the legal principles of ship investigation as alleged in the grounds of appeal.

2. As the essence of an appeal against the grounds for appeal by a defendant is to correct a judgment unfavorable to the defendant and claim a judgment favorable to him/her, the defendant has no right to appeal against it. Since the defendant, upon the dismissal of a public prosecution, exceeds the risk of conviction, the judgment cannot be deemed disadvantageous to the defendant (see, e.g., Supreme Court Decision 2007Do6793, May 15, 2008). The court below reversed the judgment of the first instance which found the defendant guilty of the facts charged of this case and dismissed the public prosecution.

The judgment dismissing the public prosecution by the court below does not have the right to appeal against the defendant. Accordingly, the defendant's final appeal is an incidental law.

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