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 a 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 Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). Furthermore, the selection of evidence and 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 indicated in its reasoning, proven that the facts charged in this case (excluding the part of conviction) was proven to the extent that there is no reasonable doubt.

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

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination, and it is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. Even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and the record, the lower court did not err in its judgment by exceeding the bounds of the free

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty portion of the judgment of the court below does not indicate the grounds of objection to the petition of appeal or the reasoning of appeal

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