I am pretty sure AGC will appeal when the verdict is not in their favour. Agree with the points you mentioned.
While the govt portrays itself as being tough on corruption, I am aware of some cases, more severe than NBG's, that did not make it to the Subordinate Court. I have no issue with charging civil servants under the PCA but let's be fair to all.
I am also sure they will appeal if they lost. The reason is simple - to show the world they have a case to bring to attention. If they do not appeal, their credibility is at stake. If they appeal and lose again, they can then point their finger at the judiciary. Hey it is not their fault. Civil servants have long mastered the art of covering their backsides, yes their taiji skills are excellent to ensure their own survival.
Any case that goes to the court for such a top-ranked fellow, needs approval of the MIW at the highest - no doubt about it. NBG's case is to send a signal to the rest, never mind if he succeeds in his case, and I reckon the government cares about this perception more than anything else.
NBG, 'die die', will not and should not admit that he is aware that Hitachi is a possible contractor to the police force during his dalliance with Cecilia, as he already admitted to gratification acts, and his only defence left is to cite unawareness. Otherwise, the onus is on him to get out of the relationship. The law puts the blame on you and it is your responsibility to know and get out of the way of "corruption".
The prosecution does have a case under the "law" and if the public perceives much "unfairness", it might swing to the government to let him go on a minor offence of negligence rather than corruption.