Based on its stated reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the grounds that there was no proof of the facts charged (excluding the part concerning the charge) of the instant case.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, there is no violation of the principle of free evaluation of evidence.

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, there is no indication of the grounds for appeal as to the guilty portion, nor any statement of the grounds for appeal as to the grounds for appeal.

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