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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of the grounds for appeal: In light of the purport and credibility of the statement of the victims of the misunderstanding of facts, the Defendants got the victims to borrow money or let them do an act for which they do not have any obligation by threatening each victims.
Recognized.
However, since the court below declared not guilty all of the facts charged of this case, it erred by misunderstanding the facts in the judgment of the court below, which affected the conclusion of the judgment.
2. Determination
A. The conviction in a criminal trial shall be based on evidence with probative value, which can lead a judge to have a conviction against the facts charged beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant (see Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006, etc.). In addition, in light of the fact that the appellate court has the character as a follow-up trial despite its appearance and the fact that the appellate court has the character as a follow-up trial in light of the spirit of substantial direct trial as prescribed in the Criminal Procedure Act, there is insufficient evidence that the first instance court is insufficient to exclude a reasonable doubt after undergoing the examination of evidence such as a witness.
In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely
F. The judgment of the court below is just and acceptable, and it is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench.