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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Criminal facts have been proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds the grounds stated in its reasoning, recognized that the first instance judgment, which recognized the falsity of facts concerning the accusation of injury, was justifiable, and rejected the grounds for appeal as to the mistake of facts by the Defendant.
The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of free evaluation of evidence contrary to logical and empirical rules
2. As to the reasons for the prosecutor’s appeal, the lower court cannot be deemed to have committed a false accusation as to the facts of accusation against property damage, on the grounds as stated in
Based on the judgment, we rejected the reasons for appeal on the prosecutor's mistake of facts.
The allegation in the grounds of appeal is the purport of disputing the determination of facts by the court below as to this, and it is merely erroneous for the judgment of the court below as to the choice of evidence and probative value which belong to the free judgment by the fact-finding court. Even if examining the reasoning of the judgment below in light of the records, the court below did not err by misapprehending the legal principles as to the
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.