Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.
(1) On the grounds indicated in its reasoning, the court below reversed the judgment of the court of first instance that found the Defendant guilty of the part concerning the fraud of the victim Y and Z among the facts charged in the instant case, and rejected the allegation in the grounds of appeal disputing this error. (2) On the ground that the facts charged in the instant case were false, and the Defendant’s intent to commit a false accusation is recognized, and found the Defendant guilty.
The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the selection and probative value of evidence, which actually belongs to the free judgment of the court of fact-finding.
In addition, even if examining the reasoning of the judgment below in light of the legal principles of the judgment below and the evidence duly admitted, the judgment below did not err in the misapprehension of the legal principles as to willful negligence in fraud and the crime of false accusation, or in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules, or in failing to exhaust all necessary deliberations.
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
Therefore, the appeal is therefore filed.