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 as indicated in its reasoning, the court below affirmed the first instance judgment that found the charge of this case not guilty as a case where there is no proof of a crime, and rejected the grounds for appeal of mistake of facts and misapprehension of legal principles.

The allegation in the grounds of appeal disputing such a judgment by the lower court is merely an error of the lower court’s determination of evidence and probative value, which belong to the free judgment by the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine regarding implied acceptance or 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.