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All appeals are dismissed.
Reasons
1. As to the reasons for Defendant B’s 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 the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that Defendant B committed an assault against Defendant A with the victim, and reversed the first instance judgment that acquitted the Defendant, and found the Defendant guilty.
The grounds for appeal are the purport of disputing the determination of facts by the lower court, and it is merely erroneous for the lower court’s determination as to the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In light of the aforementioned legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence.
2. As to Defendant A’s appeal, Defendant A did not submit a written reason for appeal within the submission period of the written reason for appeal, and Defendant A did not state the grounds for appeal in the petition of appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.