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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Defendant case;
A. The recognition of facts constituting an offense on the grounds of the Defendant’s final appeal ought to be proven 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 conducted on the premise of fact-finding belong to the free judgment of the fact
(1) Article 308 of the Criminal Procedure Act provides that the first instance court's judgment, which recognized that the defendant had the intention to commit murder even if the defendant did not commit the crime, is justifiable, and that the defendant does not have the case of suspending the commission of the crime by free will, does not accept the defendant's allegation in the grounds of appeal concerning mistake of facts and misapprehension of legal principles. (2) On the other hand, the part of the first instance judgment which accepted the defendant's allegation in the grounds of appeal concerning unfair sentencing, reversed the guilty part of the
The part of the ground of appeal disputing the fact-finding among the judgment of the court below is merely an error of the judgment of the court below as to the choice of evidence and probative value which belong to the free judgment of the fact-finding court.
In addition, while examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the legal doctrine as well as the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on willful negligence, attempted abandonment, and the crime of fire prevention in the present building and the occurrence of public danger, or by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal
B. In a criminal trial for a prosecutor’s grounds for appeal, the conviction should be based on evidence of probative value, which makes it possible for a judge to have the conviction that the facts charged are true beyond a reasonable doubt, and such proof shall be given.