The appeal is dismissed.

The grounds of appeal are examined.

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 to the extent that there is no 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, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection of evidence and its probative value, which are based on 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 facts charged in this case fall under a case where there is no evidence of crime, and reversed the judgment of the first instance that found the

The allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the lower court’s free judgment.

In addition, even if examining the reasoning of the lower judgment in light of the records, 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.

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