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 conviction true beyond a reasonable doubt, and if there is no such proof, even if there is no doubt of guilt against the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). 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 the facts charged of this case without reasonable doubt.

The judgment of the court of first instance which found the defendant guilty is reversed and the judgment of not guilty was pronounced.

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. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, 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 the record, the lower court did not err by misapprehending the legal doctrine on the crime of injury by exceeding the bounds of free conviction due to violation of 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.