The appeal is dismissed.

The grounds of appeal are examined.

The establishment of facts constituting a crime must be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), and the selection of evidence and its probative value, which is based on the premise of fact-finding, belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court determined that there is no evidence of probative value, which leads to the conviction that the facts charged in the instant case is true, and reversed the first instance judgment that found the Defendant guilty, and sentenced the Defendant not guilty.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely an error of the lower court’s determination as to the choice and probative value of evidence belonging 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 in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation

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