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 Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). Furthermore, the selection of evidence and the probative value of evidence, which are based on the premise of fact finding, belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court reversed the part of the first instance judgment which found the Defendant guilty and acquitted.

The allegation in the grounds of appeal disputing such a judgment of the court below is merely an error of the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the records, 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.

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