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Of the convictions of the lower judgment, the part as to the violation of the Control of Illegal Check Control Act and the accusation on April 9, 2009.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s ground of appeal
A. The finding of guilt in a criminal trial should be based on evidence of probative value that has the judge's conviction to the extent that there is no reasonable doubt. Thus, in a case where the prosecutor's proof of guilt is sufficiently below the extent that it is doubtful, the defendant's interest should be determined even if there is doubt of guilt. Meanwhile, inasmuch as the reported fact is established in order to have another person subject to criminal punishment or disciplinary disposition against a false fact contrary to objective truth, it should be proven that the reported fact goes against objective truth, and the authenticity of the reported fact cannot be recognized, solely on the ground that the reported fact goes against objective truth, and thus, the establishment of a false accusation cannot be established by concluding that the reported fact goes against objective truth (see, e.g., Supreme Court Decisions 96Do599, Feb. 24, 1998; 200Do5314, Jan. 27, 2004; 200Do514, Jan. 27, 2004).