The appeal is dismissed.

The grounds of appeal are examined.

The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct 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). The lower court, on the grounds indicated in its reasoning, proven that the facts of theft around June 6, 2015 among the facts charged in the instant case have been proven to the extent that there is no reasonable doubt.

It is difficult to see

The judgment of the court of first instance which found the defendant guilty is reversed, and the defendant was acquitted on the grounds.

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 in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

In addition, the prosecutor appealed against the guilty portion of the judgment of the court below, but the notice of appeal does not indicate the grounds for appeal, and the reason for appeal does not indicate the grounds for appeal.

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