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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The gist of the grounds for appeal is limited to those stated in the grounds for appeal filed within the period for submitting the grounds for appeal, and each of the various documents, including the written grounds for appeal submitted by the defendant after the lapse of the period for submitting the grounds for appeal, shall be determined to the extent of supplement in case
Defendant
1) The indictment of this case, which is unlawful for the following reasons, ought to be dismissed. ① The indictment of this case, which contains a fact-finding statement, does not properly specify the facts charged. ② The indictment of this case is instituted for the purpose of influencing the case filed by the Defendant under pressure by the Defendant, and constitutes abuse of the right to institute a public prosecution. (ii) misunderstanding of facts, incomplete deliberation, and misapprehension of legal principles, the lower court convicted the Defendant of the instant charges by adopting and examining evidence, such as CCTV video works, investigation reports (verification of CCTV of the Daegu Employment Welfare Center), fact-finding reports, fact-finding reports (verification of CCTV of the Daegu Employment Welfare Center), B, and written statements, etc.
In such a case, the lower court erred by misapprehending the legal doctrine on admissibility of evidence and by misapprehending the legal doctrine on the determination of facts or incomplete hearing, even though the remaining evidence which is admissible is not recognized as the facts charged in the instant case.
3) The lower court erred in violation of the Act and subordinate statutes, such as the method of examination of a witness, the method of examination of CCTV video materials, and the act of arbitrarily exercising the right to command a lawsuit by deviating from the scope of discretion. 4) The sentence imposed by the lower court of unfair sentencing (two years of suspended execution in six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. In a case where a public prosecution procedure against the defendant's illegal assertion of public prosecution is invalid in violation of the provisions of law, the dismissal of prosecution shall be dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act