The appeal is dismissed.

The grounds of appeal are examined.

The conviction in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have a conviction of the facts charged to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), and the probative value of the preparation of evidence and the selection of evidence based on the premise of fact-finding belongs to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds as indicated in its reasoning, proven that there is no reasonable doubt as to the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) and violation of Road Traffic Act (ii).

It is difficult to see

Based on the judgment of the court of first instance which found the defendant guilty, the judgment of the court below was reversed and acquitted.

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 in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment by the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, as alleged

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not submit the reason for appeal as to the guilty portion, and the notice of appeal does not indicate the reason for appeal.

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