All of the appeals filed by the prosecutor and the defendant A are dismissed.

1. Ex officio determination

A. In a case where the prosecutor’s judgment on the appeal of the prosecutor stated that “the grounds for appeal” in the “reason of appeal” in the petition of appeal against the judgment of not guilty of the first instance, it shall not be deemed that there are legitimate grounds for appeal.

(2) According to the records, the court below's decision that acquitted the defendant on December 12, 2003 is erroneous in misunderstanding of facts, and the court below's decision that acquitted the defendant on the grounds of appeal is not stated in the grounds of appeal (see, e.g., Supreme Court Decision 2003Do2219, Apr. 23, 2012). According to the records, the prosecutor appealed the judgment of the court below on April 23, 2012, and stated the defendant A on the grounds of appeal as "fact-finding or unreasonable sentencing" with respect to the defendant B, and stated as "fact-finding or unjust sentencing" with respect to the defendant B, the prosecutor served the notification of the receipt of the notification of the notification of the receipt of the trial on May 15, 2012, and submitted the statement of grounds of appeal on May 16, 2012. The court below's decision that acquitted the defendant on the grounds of appeal is not stated in the specific grounds of appeal (the contents asserted by the prosecutor on the grounds of appeal).

As such, the prosecutor’s petition of appeal of this case on the judgment of the court below only contains the phrase “unjustifiable or erroneous determination of facts” and there is no other specific grounds for appeal, and the appellate brief of this case submitted later did not contain any specific grounds for appeal on the ground that there was no specific assertion on what part of the court below erred by mistake of facts in the judgment of the court below, other than the statement on the appellate brief of this case “unfair or erroneous determination of facts,” and the statement on the grounds of appeal and the statement on the grounds of appeal in such petition of appeal do not include any legitimate grounds for appeal