The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. According to the evidence submitted by the prosecutor of mistake of facts, the court below found Defendant A and B guilty of the facts charged in each of the above facts charged, although the court below acquitted Defendant C of each of the facts charged, which affected the conclusion of the judgment by misunderstanding of facts as to each of the aforementioned acquitted parts of the judgment below. It is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The sentence imposed by the lower court on Defendant B and A [Defendant B: a fine of one million won, Defendant A: a suspended sentence of a fine of one million won (fine of one million won)] is too uneasible and unfair.

2. Determination

A. In a criminal trial for a determination of mistake of facts, the conviction shall be based on evidence with probative value, which makes it possible for a judge to have a conviction of the facts charged true beyond a reasonable doubt. Unless such proof is given, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.

In addition, in a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as witness examination, etc., in view of the fact that the criminal appellate court has the nature as a post-examination even though it is still a part of the trial and the spirit of substantial direct examination as prescribed in the Criminal Procedure Act, it may be probable or doubtful as to the facts partially opposed

Even if it does not reach the degree of sufficient resolution of reasonable suspicion caused by the first instance trial, there is an error of mistake in the determination of facts in the first instance judgment that lacks evidence of crime.