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The appeal is dismissed.
Reasons
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 reasonable doubt that the facts charged are true, and if there is no such proof, even if there is no doubt of guilt against the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Furthermore, the selection of evidence and probative value of evidence 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, solely based on the evidence submitted by the prosecutor with respect to the facts charged against Defendant B (excluding the part not guilty with the first instance court’s reasons), participated in a significant deviation or serious violation of the scope of assembly reported by the prosecutor, or in a successive communication with the organizer, etc. of assembly and general traffic interference with the organizer, etc., a implied intention was made.
It is difficult to see
Based on the judgment of the court of first instance which found the defendant guilty, the court below reversed the judgment of the court of first instance and sentenced the defendant not guilty, and (2) the evidence submitted by the prosecutor as to the facts charged against the defendant C alone is proved without reasonable doubt.
It is difficult to see
Based on the judgment, we rejected the reasons for appeal on the prosecutor's mistake of facts.
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 free evaluation of evidence and probative value by the lower court, which is the legal basis of the fact-finding. 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 by exceeding the bounds of free evaluation of evidence against logical and empirical rules, as alleged in the grounds of appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.