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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the reasons for the prosecutor’s final appeal, the conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge feel true that the facts charged are true beyond a reasonable doubt, and if there is no such proof, even if there is no doubt as to the defendant’s conviction, the conviction cannot be rendered (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Furthermore, the selection of evidence and 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). The lower court, on the grounds stated in its reasoning, proved that the evidence submitted by the prosecutor alone alone proves that there is no reasonable doubt as to the forgery of private documents, the exercise of the above investigation documents, and the alteration of private documents.
It is difficult to see
Based on the judgment of the prosecutor, the prosecutor did not accept the reasons for appeal concerning mistake of facts.
The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. In addition, even if 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 in its judgment by misapprehending the legal doctrine regarding the specification of alteration, or by exceeding the bounds of the free
2. On the grounds of appeal by the Defendant, the lower court, based on the reasons indicated in its reasoning, exercised the audit report as if the Defendant was aware that the audit report was altered, as indicated in the judgment.
Recognizing this part of the facts charged, the judgment of the first instance which acquitted the Defendant of this part of the facts charged is reversed and judged guilty
The ground of appeal is with merit.