In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the interest of the defendant is to be judged.

(see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Moreover, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that the first instance court, which acquitted the Defendant of the instant facts charged, was justifiable, by rejecting the credibility of the statement by G, etc. and recognizing that other evidence did not prove any reasonable doubt.

The allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection of evidence and the probative value of evidence, which belong to the free judgment of the fact-finding court.

Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the crime of bribery or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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