The appeal is dismissed.

The grounds of appeal are examined.

The finding of guilt in a criminal trial shall be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, and if there is no such proof, even if there is no doubt of guilt against the defendant, the conviction may not be rendered (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection of evidence and the 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 court below rejected the grounds for appeal for mistake of facts on the grounds stated in its reasoning.

The allegation in the grounds of appeal is the purport of disputing the lower court’s factual recognition, and is merely an error in the determination of the lower court’s choice 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 record, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on deception

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