The conviction in a criminal trial ought to be based on evidence with probative value sufficient to have a judge correct doubt that the facts charged are true, and if there is no such proof, even if there is doubt of guilt against the defendant (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). Furthermore, the selection of evidence and probative value of evidence conducted as a 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, established the evidence submitted by the prosecutor alone without reasonable doubt.

It is judged that the prosecutor's appeal as to the mistake of facts is not possible, and rejected the prosecutor's appeal.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that led to such determination by the court of fact-finding, and is merely an error of the judgment on the selection and probative value of evidence by the court of fact-finding, which belongs to the free judgment by the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the records, the judgment of the court below did not err by exceeding

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