Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The choice of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The lower court, on the grounds indicated in its reasoning, determined that it is difficult to see that the facts charged are proven beyond a reasonable doubt, and rejected the prosecutor’s grounds for appeal for mistake of facts and misapprehension of

The allegation in the grounds of appeal is nothing more than misunderstanding the judgment of the court below on the selection and probative value of evidence which belongs to the free judgment of the fact-finding court, and the judgment of the court below is not erroneous in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged 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.