The burden of proof of criminal facts prosecuted in a criminal trial has been borne by a public prosecutor, and the conviction should be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is no doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Examining the reasoning of the lower judgment in light of the record, the lower court is acceptable to reverse the first instance judgment that found the Defendant guilty on the ground that there is no proof of criminal facts as to the facts charged in the instant case, and to find the Defendant not guilty on the ground that the lower court did not err by misapprehending the legal doctrine on quasi-rape, as alleged in the grounds of appeal.

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