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 sufficient for a judge to have a conviction true in the facts charged to the extent that there is no reasonable doubt, and if there is no such proof, even if there is doubt of guilt against the defendant (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). Furthermore, the selection of evidence and its probative value based on 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, acknowledged that the first deliberation judgment by the prosecutor to the effect that it is not sufficient to recognize that the defendant administered phiphonephones at the time and place specified in the modified facts charged in the instant case, and rejected the prosecutor’s allegation on the grounds of appeal as to mistake and 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 as to the choice of evidence and probative value, 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 doctrine and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation

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