The appeal is dismissed.

The grounds of appeal are examined.

1. In a criminal trial, a judge should be admitted as evidence of probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt.

If there is no such evidence, even if there is doubt that the defendant is guilty, it is inevitable to determine it as the benefit of the defendant.

(see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). Meanwhile, in the case of a crime with heavy statutory penalty, such as murder, the conviction may be recognized only by indirect evidence without direct evidence, but the conviction should be determined with careful consideration by indirect evidence related to the facts charged.

(1) In cases where indirect facts are found in accordance with indirect evidence, the burden of proof ought to reach the extent that a reasonable doubt is not permitted, and an indirect fact ought to be supported by logical and empirical rules and scientific rules, as well as by logical and empirical rules.

(See Supreme Court Decision 2010Do10895 Decided December 9, 2010, etc.). 2. A prosecutor: (a) murdered a victim and indicted him/her as a murder; (b) the facts charged at the lower court as the primary charge; and (c) in cases where the Defendant, as a preliminary charge, inflicted a bodily injury on the victim, resulting in the death of the victim.

However, the lower court acquitted the Defendant on the ground that all the primary facts charged in the instant case were not proven to have committed a crime.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and 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.

3. The prosecutor's appeal is dismissed on the ground that it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.