The finding of guilt in a criminal trial shall be based on evidence with probative value sufficient for a judge to have a reasonable 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, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection of evidence and probative value of evidence conducted as a premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The court below reversed the judgment of the first instance that found the defendant guilty on the grounds as stated in its reasoning and acquitted the judgment of the court of fact-finding.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. Furthermore, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation

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