The finding of guilt in a criminal trial shall be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, and if there is no such proof, even if there is no doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). 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 determined that there was no proof of a crime for all reasons as stated in its reasoning with respect to the facts charged of the production, distribution, and acquisition of anti-state organizations of anti-state groups changed in the lower trial and of production, distribution, and possession of anti-state groups, and the production of anti-state expressions.

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. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and relevant legal principles and records, the lower court erred in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of dual acting in concert as

It is difficult to see it.

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