The appeal is dismissed.

The grounds of appeal are examined.

The finding of guilt 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 beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant even if there is no such proof.

(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 other hand, in a case where it is deemed that there is no concern that a substantial disadvantage to the defendant's exercise of his/her right to defense may be caused in light of the progress of trial within the extent consistent with the facts charged, the court may recognize ex officio the facts charged and facts charged different from

However, even in such a case, if the indictment is not punished for the reason that the actual criminal facts were serious in comparison with the criminal facts in which the indictment was instituted, and the indictment was not modified, it cannot be deemed unlawful on the ground that the court did not recognize the criminal facts ex officio, unless it is deemed that the justice and equity are clearly violated in light of the purpose of criminal procedure such as prompt discovery of substantial truth through due process.

(see, e.g., Supreme Court Decisions 90Do1229, Oct. 26, 1990; 2010Do9568, Dec. 23, 2010). For the reasons indicated in its reasoning, the lower court: (a) determined that there was no proof of crime regarding the facts charged in the instant injury; and (b) reversed the first instance judgment convicting the Defendant; and (c) acquitted the Defendant.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and the record.