The conviction 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 the defendant is suspected of guilt, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). For the reasons indicated in its reasoning, the lower court acknowledged that the first instance judgment that acquitted the defendant on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the defendant A voluntarily sent a public notice of non-delivery, and rejected the prosecutor’s allegation of the grounds for appeal as to the mistake of facts and misapprehension of legal principles.

The allegation in the grounds of appeal is the purport of disputing such determination of facts by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which substantially belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the record, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine

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