All appeals are dismissed.

The grounds of appeal are examined.

A prosecutor bears the burden of proving the facts charged in a criminal trial.

In order to admit a guilty verdict, there shall be evidence of probative value sufficient to prove that the facts charged are true to the extent that there is no reasonable doubt by a judge.

Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine that the Defendant is innocent with the benefit of the Defendant (see Supreme Court Decision 2005Do4737, Feb. 24, 2006, etc.). The lower court determined that there was no proof of crime regarding the facts charged in the instant case (excluding the portion of conviction), and reversed the judgment of the first instance, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the record, the lower court’s determination is justifiable. In so doing, it did not err by misapprehending the legal doctrine on the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on free evaluation of evidence.

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

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