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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds of appeal, the lower court is justifiable to have found the Defendant guilty of the charge of forging private documents and exercising the aforesaid investigation document on July 28, 2010 among the facts charged in the instant case, and of using the public electronic records, etc. on August 2, 2010. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal doctrine on the determination of the scope
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 on the defendant, the argument that the amount of punishment is unreasonable
2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment which acquitted the Defendant on the grounds that all the facts charged of the facts charged of the instant case constituted a case where there is no proof of criminal facts. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the rules of logic and experience and exceeding
On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no specific ground of appeal in the petition of appeal nor there is no statement in the statement of grounds of appeal as to the grounds of appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.