For the reasons indicated in its reasoning, the lower court reversed the first instance judgment that found the Defendant guilty on the facts charged of this case on the grounds that there is no proof of crime, and sentenced the Defendant not guilty.

In light of the record, the lower court did not err in its judgment by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on infringement of service marks, contrary to what is alleged in the grounds of appeal.

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