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 Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). Furthermore, 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 lower court determined that the first instance judgment that acquitted the Defendant on the charge of this case is justifiable and rejected the grounds for appeal for mistake of facts, by deeming that it is difficult to view that the charges of this case are proven beyond reasonable doubt.

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In light of the above legal principles, it is difficult to see that the court below erred by exceeding the bounds of the 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.