The finding of guilt 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, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). The lower court, on the grounds indicated in its reasoning, determined that the facts charged in the instant case constitute a case where there is no proof as to criminal intent, and reversed the judgment of the first instance that found the Defendant guilty and acquitted the Defendant.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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