A prosecutor bears the burden of proving the facts charged in a criminal trial.

In order to admit a guilty verdict, there shall be evidence of probative value sufficient to prove that the facts charged are true to the extent that there is no reasonable doubt by a judge.

Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine that the Defendant is innocent as the benefit of the Defendant (see, e.g., Supreme Court Decision 2005Do4737, Feb. 24, 2006). The lower court upheld the first instance judgment that acquitted the Defendant by deeming that there is no proof of crime regarding the facts charged of this case

The judgment below

Examining the reasoning in light of the record, the lower court’s determination is justifiable.

The court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules or by violating Article 33(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, contrary to the allegations in the grounds of appeal.

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