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 doubt as to the defendant's guilt, the conviction cannot be made (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection of evidence and probative value of evidence based 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 stated in its reasoning, established the evidence submitted by the prosecutor alone to the extent that the facts charged in this case can be ruled out a reasonable doubt (Article 308 of the Criminal Procedure Act).

Recognizing that it cannot be seen, the judgment of the first instance, which found the Defendant guilty of the instant facts charged, was reversed and sentenced to not guilty.

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, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. Furthermore, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the free e

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