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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. The prosecutor’s grounds for appeal should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The choice 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 the reasons indicated in its reasoning, the lower court determined that the instant facts charged against Defendant B constituted a case where there is no proof of crime, and reversed the first instance judgment and acquitted the Defendant.
The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. Furthermore, 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 exceeding the bounds of the principle of free evaluation of evidence against logical
2. On the grounds for Defendant A’s appeal, the lower court determined that Defendant A made a false testimony contrary to his memory, and rejected the grounds for appeal as to mistake of fact.
The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely erroneous in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment by the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the presumption of innocence, failing to exhaust all necessary deliberations, or exceeding the bounds of the principle of free
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.