The appeal is dismissed.

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof shall belong to the full power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

In addition, the recognition of criminal facts in a criminal trial should be based on strict evidence with probative value, which leads a judge to have no reasonable doubt. Therefore, in a case where the prosecutor’s proof does not reach the degree to have such conviction, there is a part that is likely to be suspected of being convicted.

Even the defendant should be judged in favor of the defendant.

The judgment below

In light of the records, it is acceptable that the court below acquitted the charged facts of this case on the ground that there is no proof to the extent that there is no reasonable doubt as to the facts charged of this case, and there is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the relevant legal principles.

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