The finding of guilt in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). On the grounds indicated in its reasoning, the lower court recognized that the first instance judgment, which determined that there was insufficient evidence to prove a crime regarding the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, was justifiable, and rejected the allegation in the grounds of appeal disputing this.

The judgment of the court below is based on the above legal principles, and the reasoning of the judgment below is examined in light of the records, and there were no errors of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on the crime of violating the Act on the Aggravated Punishment, etc

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, and the appellate brief does not contain any grounds for objection.

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