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.

(1) Article 308 of the Criminal Procedure Act (Article 308 of the Criminal Procedure Act). For the reasons indicated in its holding, the court below presumed that the most meaningful evidence among the evidence presented for proving the guilt of the facts charged subject to reexamination in this case (excluding the part on which acquittal was pronounced in the judgment subject to reexamination) is a confession made by the Defendants during the investigation process, and determined that ① the interrogation protocol of the police officers against the Defendants, the written statement by the Defendants, and the fact-finding by the police are obtained in an unlawful detention situation or immediately after the investigation, and that the Defendants were made based on the advice against the Defendants, etc., and thus, they were not admissible as evidence because they were used as evidence in the first instance trial to deny or deny the contents thereof, and ② the prosecutor's interrogation protocol against the Defendants and the written statement by the first instance court against each of the Defendants in the first instance trial as well as the fact-finding.