For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the instant facts charged (excluding the part concerning the charge) on the grounds that there is no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but did not state the grounds of appeal as to this part in the petition of appeal or appellate brief.

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