Text
All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that K, L, M, and N consistently stated in the investigative agency and the original court court that there was no permission to cause a seal to be affixed to the Defendant, with respect to the act of forging and uttering of a private prosecutor, the lower court found the Defendant not guilty of this part of the facts charged, and erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. Defendant 1) The Defendant, who sells the instant real estate in mistake of facts, divided the down payment received by the Defendant into four organizations under the victim’s clans, and did not constitute embezzlement on the ground that it did not have spent personal consumption. (2) The sentence sentenced by the lower court of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. The prosecutor's assertion of mistake of facts is 1) The prosecutor bears the burden of proving the facts charged charged in the relevant legal doctrine criminal trial, and the conviction should be based on evidence with probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's conviction, the court below's interest should be judged as the defendant's interest (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). The court below held as to this part of the facts charged, i.e., (1) the victim clan used its seal by the chairperson or general secretary with the explicit or implied consent or delegation of the members of the clan for the preparation of the list of the members present at the general meeting, and (2) the defendant who is the chairperson of the clan in this case is keeping the seals of the members of the clan in custody, and (3) the victim M&N appears to have been kept in custody of the victim's.