For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on June 5, 2016, on the ground that there was no proof of a crime, among the facts charged in the instant case.

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal principles on “ particularly reliable circumstances” under Article 314 of the Criminal Procedure Act, contrary to what is 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.