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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The choice of evidence and probative value of evidence conducted 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 indicated in its reasoning, the court below rejected the prosecutor’s grounds for appeal on mistake of facts, recognizing that the first instance judgment, which judged that there is no evidence to prove the facts charged in this case
The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.
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.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.