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, which makes it possible for a judge to have the truth that the facts charged are true beyond a 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 determination of the method of cooking and determining probative value of evidence, which is based on the premise of fact finding, belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Recognizing that the first instance court, which acquitted the charged facts of this case, was justifiable, the lower court rejected the grounds for appeal for misconception of facts that dealt with it.

The allegation in the grounds of appeal 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. While examining the reasoning of the lower judgment in light of the aforementioned legal principles, it is difficult to deem that the lower court erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine

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