All appeals are dismissed.

The grounds of appeal are examined.

1. The defendant's grounds for appeal are 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). For the reasons stated in its reasoning, the court below acknowledged that the first decision of the court of first instance recognizing the fact that the defendant joined G as a criminal organization, such as the facts constituting a violation of the Punishment of Violences, etc. (Composition of Organizations, etc.) in the first instance judgment, and rejected the defendant's allegation of the grounds for appeal as to mistake of facts and misapprehension of legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine in the first instance trial and the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations or by failing to exhaust all necessary deliberations, contrary to logical and empirical rules, contrary to what is alleged

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

2. As to the reasons for the prosecutor’s appeal, in a criminal trial, the conviction shall be based on evidence with probative value, which makes it possible for the judge to have a conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006).