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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the fact that there was a violation of the Game Industry Promotion Act among the facts charged in the instant case of mistake of facts, the Defendant did not instruct co-defendant B (hereinafter “B”) of the lower court to have the customers requesting the exchange of accumulated points in the game room, but there was an error of mistake of facts in the judgment of the lower court which convicted him.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, confiscation) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Articles 307(1) and 308 of the Criminal Procedure Act provide that fact-finding shall be based on evidence, and the probative value of evidence shall be based on the discretion of the judge. This does not violate logical and empirical rules, such as accepting and using the necessary evidence among the admissible evidence, evaluating the substantial value of the evidence, or rejecting or, contrary to the contrary, accepting and using evidence clearly contrary to objective facts without any reasonable grounds, which clearly violates objective facts, a judge may recognize facts by adopting free evaluation of evidence.
(See Supreme Court en banc Decision 2013Do11650 Decided August 20, 2015, etc.). In a case where the Defendant consistently led to a crime from an investigative agency to the date of trial and reversed his/her own confession from a certain trial date, in addition to examining the credibility of the confession statement, the following should be examined: (a) the motive, reason, and circumstances leading up to the reversal of the confession, together with the motive, reason, and circumstances leading up to the reversal of the confession; and (b) whether there is any supporting evidence, etc.
(Supreme Court Decision 2015Do17869 Decided October 13, 2016). B.
In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant B.