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 Decision 2006Do735, Apr. 27, 2006). Moreover, the selection of evidence and the probative value of evidence, which are based on the premise of fact-finding, belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the court below rejected the prosecutor’s allegation in the grounds of appeal as to mistake of facts and misapprehension of legal principles, recognizing that the first instance court was justifiable and that there is no evidence to find the defendant guilty, which is not attributable to the defendant.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the record, the lower court did not err in its judgment by misapprehending the legal doctrine regarding “justifiable cause” in violation of the Military Service Act or by exceeding the bounds of

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