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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’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 of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court
(Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court determined that the victim insultings the victim as stated in the judgment of the first instance court, and rejected the grounds for appeal as to the mistake of facts by the Defendant.
The allegation in the grounds of appeal is merely erroneous in the judgment of the court below as to the selection and probative value of evidence which belong to the free judgment of the court of fact-finding, and the reasoning of the judgment below is examined in light of the above legal principles and the evidence duly admitted, and the judgment of the court below is not erroneous in the misapprehension of legal principles as to accusation, etc. or exceeding the bounds
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine is imposed against the defendant, the argument that the amount of the
2. As to the grounds of appeal by the prosecutor, the lower court, on the grounds indicated in its reasoning, determined that it is difficult to view that the evidence submitted by the prosecutor alone alone was proven to the extent that there is no reasonable doubt as to the fact that the Defendant inflicted an injury upon the victim, like the facts charged modified
The grounds of appeal are the purport of disputing such fact-finding by the lower court, and the lower court’s judgment on the selection and probative value of evidence, which belong to the free judgment of the lower court.