The appeal is dismissed.

The grounds of appeal are examined.

As to the decision of recovery of the right to claim a formal trial, an appeal can only be made upon the immediate appeal as provided by Articles 458(1) and 347(2) of the Criminal Procedure Act, and the decision of recovery of the right to claim a formal trial finalized without such objection can no longer be asserted (see Supreme Court Order 2004Mo351, Jan. 17, 2005). The court below maintained the judgment of the first instance court that acquitted the charged facts of this case on the ground that there is no proof of a crime.

The judgment below

Examining the reasoning of the lower judgment in light of the record, 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 the validity of the decision to recover the claim for formal trial.

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