The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the lower court to reverse the first instance judgment that found the Defendant guilty on the ground that the modified facts charged in the instant case did not have evidence of crime and to render a judgment of innocence.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, or violating the principle of trial-oriented and direct examination.

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