1. As to the defendant's case, the conviction in the criminal trial shall be based on the evidence with probative value sufficient to have the judge correct the facts charged to the extent that there is no reasonable doubt, and if there is no such proof, even if there is no doubt as to the defendant's guilt, the conviction may not be judged as guilty (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). Furthermore, the choice of evidence and probative value of evidence conducted on the premise of the fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The court below, on the grounds as indicated in its reasoning, recognized that the first decision that acquitted the defendant of the facts charged of this case is legitimate, and rejected the prosecutor's allegation of the grounds for appeal as to the prosecutor'

The allegation in the grounds of appeal is the purport of disputing such determination of facts by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which substantially belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the above legal doctrine and the record, the lower court did not err in its judgment by exceeding the bounds of the free evaluation principle against logical

2. In the event that a final appeal is filed with respect to a case for which a request to attach an attachment order is filed, the final appeal shall be deemed to have been filed regarding the case for which the request to attach an attachment order is sought, but the petition of final appeal or the

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.