The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct doubt that the facts charged are true, and if there is no such proof, even if there is no doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, 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 lower court, on the grounds stated in its reasoning, proven the facts charged in this case by only the evidence submitted by the prosecutor, without reasonable doubt.

Recognizing that it is difficult to see that the first deliberation decision is justifiable, the prosecutor rejected the prosecutor’s grounds of appeal.

The allegation in the grounds of appeal is the purport of disputing the recognition and judgment of the above facts by the lower court, and is merely an error of the lower court’s determination of the evidence selection and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the above legal principles and records, the lower court did not err in its judgment by exceeding the bounds of free conviction doctrine contrary to logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent

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