The finding of guilt 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 no doubt as to the defendant's conviction, the conviction cannot be judged as guilty (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). Furthermore, the selection of evidence and probative value of evidence conducted as 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 the first instance judgment which acquitted the Defendant of the facts charged of this case is justifiable, and rejected the prosecutor's allegation of the grounds for appeal as to the mistake of facts.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts that led to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. Moreover, even if examining the reasoning of the lower judgment in light of 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.