In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2002Do5662, Dec. 24, 2002). Moreover, the selection of evidence and its probative value based on the premise of fact-finding belong to the free judgment of the fact-finding court.

Article 308 of the Criminal Procedure Act). The first instance court acknowledged the facts as indicated in its reasoning, such as the situation at the time of the discovery of the deceased D, the result of autopsy on D, the result of identification of the oil products, the circumstances in which the defendant was identified as the suspect, etc.