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, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant even if there is no such proof.

(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). Furthermore, the cooking and choice of evidence and probative value, which are 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 the reasons indicated in its reasoning, the lower court reversed the first instance judgment convicting the Defendant, and sentenced the Defendant not guilty on the ground that it is difficult to view the facts charged in this case to have been proven beyond a reasonable doubt.

The Prosecutor’s ground of appeal is the purport of disputing such fact-finding by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the lower

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 exhaust all necessary deliberations, as otherwise alleged in the grounds of appeal, and 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

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