Article 307 of the Criminal Procedure Act provides, “The acknowledgement of facts shall be based on evidence,” and Article 307 of the Criminal Procedure Act provides, “The acknowledgement of facts shall be made to the extent that there is no reasonable doubt.”

Article 308 of the Criminal Procedure Act provides that “The probative value of evidence shall be based on the free judgment of judge” as the title “free evaluation of evidence”.

The prosecutor bears the burden of proving the facts charged in the criminal trial.

In order to admit a guilty verdict, there is sufficient evidence of probative value which can prove that the facts charged are true to the extent that there is no reasonable doubt by the judge.

Therefore, if there is no such evidence, even if there is doubt that the defendant is guilty, it is inevitable to determine that the defendant is innocent as the benefit of the defendant.

(see, e.g., Supreme Court Decisions 2005Do4737, Feb. 24, 2006; 2017Do12649, Dec. 22, 2017). The lower court acquitted the instant charges on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence.

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