The finding of guilt in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). Furthermore, the selection of evidence and the probative value of evidence, which are based 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 court below rejected the grounds for appeal, such as misconception of facts, by recognizing that the judgment of the court of first instance that acquitted the charged facts of this case is justifiable and that there is no evidence to prove

The allegation in the grounds of appeal is a dispute over the fact-finding of the court below, and it is merely erroneous in the judgment of the court below on the selection and probative value of evidence which belong to the free judgment of the court of fact-finding. The court below did not err in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged

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