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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendants’ grounds of 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 probative value of evidence based on the premise of fact-finding belong to the free judgment of the fact-finding court.
(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the court below rejected the allegation in the grounds for appeal of mistake of facts, recognizing that the first instance court, which found the defendant guilty as to the crime of obstruction of business as cited by the court of first instance.
The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.
In addition, while examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
2. As to the grounds of appeal by the public prosecutor, the conviction in a criminal trial shall be based on evidence with probative value sufficient to ensure that a judge is true enough to have 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 Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). For reasons indicated in its reasoning, the lower court determined that it was difficult to deem that the part of the instant facts charged against Defendant A, among the instant facts charged against Defendant A, was proven beyond a reasonable doubt, and reversed the judgment of the first instance that found the Defendant guilty and acquitted the Defendant.
The allegation in the grounds of appeal is with merit.