The conviction 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 (Article 307(2) of the Criminal Procedure Act). If there is no such proof, even if there is no doubt as to the defendant's guilt, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection and probative value of evidence conducted on the premise of a 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 as indicated in its reasoning, received money as stated in the facts charged with the criminal intent of a defrauded.

Recognizing that it is difficult to recognize the first deliberation decision as legitimate, the reason for appeal as to the prosecutor’s mistake of fact is rejected.

The allegation in the grounds of appeal is the purport of disputing such determination of facts by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which substantially belongs 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 records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation

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