The burden of proving the facts charged in a criminal trial has been borne by a public prosecutor, and the conviction should be based on evidence with probative value sufficient to confluence 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 any doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Examining the reasoning of the lower judgment in light of the records, the lower court’s maintenance of the first instance judgment that acquitted the Defendant of the facts charged in this case on the ground that there is no proof of the crime, on the grounds as stated in its reasoning, is acceptable. In so doing, the lower court did not err by exceeding the bounds of free conviction doctrine in violation of logical and empirical rules, or by misapprehending the legal doctrine on the public performance of the offense of insult.

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