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 any 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, recognized that the first deliberation judgment which acquitted the defendant of the facts charged in the instant case was justifiable, and rejected the Prosecutor's allegation of grounds for appeal as to the mistake of facts or misapprehension of legal principles.

The allegation in the grounds of appeal to the effect that the lower court’s determination is based on this judgment is merely an error of the lower court’s determination on the choice of evidence and probative value, which belong to the free judgment of the fact-finding court. Moreover, even if examining the reasoning of the lower judgment in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate specific grounds for appeal in the final appeal and the reasoning of the final appeal.

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