The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct doubt that the facts charged are true, and if there is no such proof, even if there is doubt of guilt against the defendant (see Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006; 2005Do8675, etc.). Furthermore, the preparation 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 stated in its reasoning, received money as a solicitation or good offices by the defendant in relation to the facts of this case.

The judgment of the first instance, which found the defendant guilty, was reversed, and sentenced not guilty.

The allegation in the grounds of appeal is the purport of disputing such determination of facts by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, 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 doctrine and relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of free evaluation of evidence in violation of logical

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