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 Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). 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 lower court, on the grounds indicated in its reasoning, determined that the sole evidence submitted by the prosecutor alone is insufficient to recognize that the defendant was in the position of the organizer or manager of the assembly of this case, and rejected the prosecutor’s allegation on the grounds for appeal.

The allegation in the grounds of appeal is the purport of dispute over the recognition of facts that led to the above judgment of the court of fact-finding, and it is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the record, the court below did not err by exceeding the bounds of free evaluation principle in violation of logical and empirical rules, or by misapprehending the legal principles as to the organizer, manager, etc

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