The appeal is dismissed.

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on such premise shall belong to the discretionary power of the fact-finding court unless it goes beyond the limit of the principle of free evaluation of evidence.

In addition, the recognition of criminal facts in a criminal trial should be based on strict evidence with probative value, which leads a judge to have no reasonable doubt. Therefore, in a case where the prosecutor’s proof does not reach the degree to have such conviction, even if there is a part that is likely to be suspected of being convicted, the determination should be made in favor of the defendant.

The judgment below

In light of the records, the court below's finding of not guilty on the ground that there is no proof of crime is not recognized as exceeding the limit 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.