The appeal is dismissed.

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on such premise shall belong to the discretionary power of the fact-finding court unless it goes beyond the limit of the principle of free evaluation of evidence.

In addition, it is necessary to establish a criminal facts in a criminal trial to prove that there is no reasonable doubt. Therefore, if the prosecutor's proof does not reach that degree, it is necessary to judge whether there is a part of the conviction or not in favor of the defendant even if there is a part.

The judgment below

In light of the records, the court below's finding of not guilty of the facts charged of this case on the ground that there is no proof of crime does not constitute a violation of the rules of evidence and free evaluation of evidence.

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