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 the 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 committed an indecent act against the victim by means of assault or intimidation required in the crime of indecent act by the defendant on the grounds as stated in its reasoning.

It is determined to the effect that it is difficult to view it as being difficult, and rejected the Prosecutor’s allegation of grounds for appeal.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court as to the acknowledgement of facts that led to such determination. It is nothing more than denying the lower court’s free judgment on the selection of evidence and probative value as a 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 by violating logical and empirical rules, or by misapprehending the legal doctrine on intimidation

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