The appeal is dismissed.

The grounds of appeal are examined.

The conviction in a criminal trial ought to be based on evidence with probative value sufficient to have a judge correct doubt that the facts charged are true, and if there is no such proof, even if there is doubt of guilt against the defendant (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). Furthermore, the selection of evidence and probative value of evidence conducted as a premise of 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 indicated in its reasoning, proven the facts charged of this case by the evidence submitted by the prosecutor alone without reasonable doubt.

It is difficult to see

Recognizing the prosecutor's appeal, the prosecutor rejected the grounds for appeal.

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 of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the above legal doctrine and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence

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