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 first instance judgment convicting the Defendant and acquitted the Defendant on the ground that the instant facts charged cannot be deemed as having been proven without any reasonable doubt, and thus, constituted a case without proof of crime.

The allegation in the grounds of appeal is nothing more than the purport of dispute over the judgment of the court below on the selection and probative value of evidence, which belongs to the free judgment

In addition, even if examining the reasoning of the lower judgment in light of the records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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