Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
Criminal facts have to 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 the reasons indicated in its reasoning, the lower court rejected the allegation in the grounds of appeal as to the mistake of facts and misapprehension of legal principles, on the grounds that the first instance court, which found the Defendants guilty of both the fraudulent and attempted frauds by the conspiracy of the Defendants among the facts charged in the instant case, and both the Defendant A’s non-
The allegation in the grounds of appeal disputing the lower court’s fact-finding 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 lower court.
In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on litigation fraud, violation of the Attorney-at-Law Act, the principle of liability for acts and ex post facto action, or by violating the presumption of innocence.
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. Thus, in this case where a more minor sentence has been imposed against Defendant A, the argument that the punishment is too unreasonable is not a legitimate
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.