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 (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 lower court, on the grounds stated in its reasoning, proves that the facts charged in this case is beyond a reasonable doubt.

Recognizing that it is difficult to see that the first deliberation decision is justifiable, the grounds for appeal as to the prosecutor’s mistake of facts are rejected.

The allegation in the grounds of appeal is the purport of disputing such determination of facts by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which substantially belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the above legal doctrine and the record, the lower court did not err in its judgment by exceeding the bounds of the free evaluation principle against logical

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