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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
A. The Defendants (unfair punishment) each sentence sentenced by the lower court to the Defendants (six months of imprisonment with prison labor and two years of suspended sentence) are deemed to be too unreasonable.
B. According to the evidence submitted by the prosecutor concerning the misconception of facts (not guilty part). The defendants purchased the "D" prepaid chips under the name C as shown in the facts charged, and delivered them to the names in question, and provided them for the use of communication by others. Nevertheless, the judgment of the court below which acquitted the Defendants of this part of the facts charged is erroneous in the misapprehension of facts. 2) Each of the above types of punishment sentenced by the court below on the grounds of unfair sentencing are too uneasible and unfair.
2. Judgment on the prosecutor's assertion of mistake of facts
A. In full view of the circumstances acknowledged by the evidence duly examined and adopted, the lower court determined that the evidence presented by the prosecutor alone is insufficient to acknowledge this part of the facts charged, and that there is no other evidence to acknowledge it.
B. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt, and if there is no evidence to form such a conviction, it is doubtful that the defendant is guilty even if there is no evidence to establish such a degree.
Even if there is no choice but to judge the interests of the defendant.
(2) In light of the above legal principles, the evidence of this case is examined in detail in light of the records. The evidence submitted by the prosecutor for reasons as stated in its holding is alone, and the defendants purchased the "D" prepaid chips as stated in this part of the facts charged and delivered them to the names of the victims.