The conviction in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, even if there is no suspicion of guilt against the defendant, the conviction cannot be rendered (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). The lower court, on the grounds the same as indicated in its reasoning, inflicted an injury on the victim.

It is difficult to conclude it.

The judgment of the court of first instance which found the defendant guilty was reversed and acquitted.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belongs 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 exhaust all necessary deliberations as alleged in the grounds of appeal, or did not err by exceeding the bounds of

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