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 the truth that the facts charged are true to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(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). On the grounds indicated in its reasoning, the lower court reversed the judgment of the first instance that found the Defendant guilty, and sentenced the Defendant not guilty.

The allegation in the grounds of appeal is merely an error of the lower court’s determination on the evidence selection and probative value, which actually belong to the free judgment of the fact-finding court.

In addition, even if the reasoning of the judgment below is examined in light of the above legal principles and records, there is no violation of the principle of 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.