In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes the judge feel true beyond reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt is against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(see Supreme Court Decision 2010Do9633, Nov. 11, 2010). Examining the record in accordance with the above legal doctrine, the lower court is justifiable to have rendered a judgment not guilty on the charge of this case on the grounds that there is no evidence to prove a crime.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on the crime of indecent act by compulsion.

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