Based on its stated reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the part of the facts charged in the instant case on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief on the guilty part.

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