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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. On the grounds of appeal by the prosecutor, the court below acquitted Defendant A on the ground that the use of the relevant investigation document, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes among the facts charged in the instant case against Defendant A, the violation of the Act on the Aggravated Punishment, etc. of Breach of Trust (Misappropriation) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against Defendant B
Examining the record, the above determination by the court below is justifiable.
There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the relevant legal principles.
On the other hand, although the prosecutor appealed to the entire defendant's case, there is no indication of the grounds for appeal as to the guilty portion, nor there is no statement of the grounds for appeal as to the grounds for appeal.
2. Examining the evidence of Defendant A’s ground of appeal duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have found the Defendant guilty of forging private documents, violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) among the facts charged against the Defendant on the grounds stated in its reasoning.
There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or misunderstanding relevant legal principles without exhausting all necessary deliberations.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.