The burden of proving the facts charged in a criminal trial has been borne by the public prosecutor, and the conviction should be based on the evidence with probative value that leads the judge to believe that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, the conviction cannot be judged even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Examining the reasoning of the judgment below in light of the records, it is acceptable to affirm the judgment of the first instance that the court below acquitted the facts charged in this case on the ground that there is no proof of the crime, and it did not err by exceeding the bounds of free conviction principle or by misapprehending the relevant legal principles in violation of logical and empirical rules.

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