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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted in the summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles), it seems that the Defendant, at the time of the instant case, did not coincide with the major facts, and further, the Defendant, without accurately verifying the details of the complaint, made the statement as stated in this part of the facts charged, and at least, recognized the possibility of falsity.
Nevertheless, the court below found the Defendant not guilty of the facts charged in this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination:
A. Although the appellate court did not have any objective reason to affect the formation of a documentary evidence during the trial process, it was clearly erroneous in the first instance court’s determination as evidence when it is intended to re-examine the first instance court’s determination ex post facto and ex post facto.
There should be reasonable grounds to deem that the argument leading to the fact-finding is considerably unfair due to the violation of logical and empirical rules, etc., and that the determination of fact-finding in the first instance court without such exceptional circumstances should not be reversed without permission (see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). The recognition of criminal facts in a criminal trial ought to be based on strict evidence with probative value that leads a judge to have no reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to reach the degree of conviction, even if there is any portion that is likely to be suspected of conviction, the determination ought to be made favorable to the Defendant.
(see, e.g., Supreme Court Decision 2016Do20506, May 30, 2017). B.
According to the court below's judgment and the evidence duly adopted and examined by this court, the court below's judgment of credibility as to each of the statements C, E and P is judged.