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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of the facts), the court below erred by misapprehending the legal principles as to the facts charged in this case, even though the defendants conspired with each other with the intent to acquire money by deception, and thereby deceiving the victim.
2. Determination
A. The lower court determined that the instant facts charged was proven solely by the evidence submitted by the prosecutor, stating the detailed reasons from the third to seven pages of the judgment.
It is difficult to see that it is and not guilty.
B. In a criminal trial for a trial for a party deliberation, the recognition of facts constituting an offense ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it would lead to such conviction, even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011). In addition, in light of the fact that the appellate court has the character as a follow-up trial, and the fact that it has the spirit of substantial direct deliberation as prescribed in the Criminal Procedure Act, it is insufficient for the first instance court to exclude a reasonable doubt after undergoing the examination of evidence, such as the examination of witness.
In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely
The facts charged shall not be found guilty.