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 as to the facts charged, and if there is no such proof, even if there is doubt as to the defendant's conviction, the conviction cannot be judged as guilty (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). Furthermore, the preparation of evidence and the probative value of evidence conducted as the 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, acknowledged that the first deliberation judgment is not sufficient to acknowledge the facts charged, and rejected the prosecutor's allegation on the grounds of appeal as to the prosecutor's mistake.

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 on assault of obstruction

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