All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by the public prosecutor, in a criminal trial, the conviction shall be based on evidence with probative value sufficient to have a judge conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be determined 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.). Furthermore, the selection of evidence and the probative value of evidence, which are 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 lower court recognized that the first instance judgment, which determined that the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged in this case against Defendant B, was justifiable, and rejected the Prosecutor’s allegation of grounds for appeal as to mistake of facts or misapprehension

The ground of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, 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 principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the establishment of substantial authenticity of the suspect examination protocol, or by exceeding the bounds of the principle of free evaluation

2. As to Defendant C’s 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 thereof, which are based on the premise of fact finding, shall be fact-finding.