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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to Defendant B’s grounds of appeal, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence based on the premise of fact-finding belong to the free judgment of the fact-finding court.
(Article 308 of the Criminal Procedure Act). Based on its stated reasoning, the court below rejected the first instance court's decision rejecting the above Defendant's assertion that found Defendant B guilty of facts constituting an offense in the first instance judgment against Defendant B, and rejected the grounds for appeal as to mistake of facts and misapprehension of legal principles.
The allegation in the grounds of appeal is the purport of disputing such fact-finding by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the lower
In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding perjury or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical
2. As to the grounds of appeal by the public prosecutor, the conviction in a criminal trial shall be based on evidence with probative value sufficient to ensure that a judge is true enough to have a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.
(see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Based on its stated reasoning, the lower court determined by the first instance court that the facts charged against Defendant A cannot be deemed proven without reasonable doubt.