The appeal is dismissed.

The grounds of appeal are examined.

The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach such a degree of conviction, the determination ought to be based on the benefit of the defendant even if there is a suspicion of guilt.

(1) In light of the records, the lower court’s judgment that found the Defendant guilty of the facts charged in the instant case on the grounds that there is no proof of a crime is justifiable. In so doing, it did not err by exceeding the bounds of the principle of logic and experience and free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

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