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 a correct doubt that the facts charged are true, and if there is no such proof, even if there is no doubt of guilt against the defendant (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). Furthermore, the selection of evidence and its probative value based on the premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds indicated in its reasoning, proven that the facts charged in this case were proven to the extent that there is no reasonable doubt.

Recognizing that it is insufficient to view the prosecutor’s appeal as to the mistake of facts, the prosecutor rejected the grounds for appeal.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely an error of the lower court’s determination as to the choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence

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