The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct doubt as to the facts charged, and if there is no such proof, even if there is any doubt as to the defendant's conviction, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection 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, recognized that there is no proof of crime as to the facts of this case, and rejected the prosecutor's first deliberation judgment as justifiable, and rejected the prosecutor's allegation in the grounds for appeal as to mistake or misunderstanding the 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 as to the choice of evidence 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 doctrine and the record, the lower court did not err in its judgment by exceeding the bounds of free evaluation of evidence contrary to logical and empirical rules, as alleged

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