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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A. The judgment against Defendant A is not guilty.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) In collusion with Defendant B, Defendant A did not acquire the investment money from Defendant G.
However, the court below found Defendant A guilty of the facts charged in this case. The court below erred in the misapprehension of facts.
2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
B. Defendant B1) misunderstanding the fact (2016 highest 2204) (the Defendant B did not directly deception the victim G and did not intentionally acquire the investment money from the victim G.
However, the court below found Defendant B guilty of the facts charged in this case. The court below erred in the misapprehension of facts.
2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.
2. Determination
A. Defendant A1) The lower court’s judgment also asserted the same as the grounds for appeal on the part of mistake in fact.
The court below rejected the defendant A's assertion and convicted the defendant as the reasons for the ruling.
2) In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree to have the aforementioned conviction, even if there is doubt of guilt, such as that the defendant’s assertion or defense is contradictory or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2015Do119, May 14, 2015). (B) The lower court and the trial court duly adopted and investigated the evidence, namely, the following circumstances acknowledged by the evidence duly adopted and investigated: (i) Defendant A solicited the victim G to make an investment by showing its passbook around November 2015, and between Defendant B and the victim B and the victim.