The Defendant’s argument in the grounds of appeal is that the lower court’s judgment is unlawful, in so doing, by failing to exhaust all necessary evidence investigation and thereby making a false fact-finding, even though the Defendant did not commit a crime as stated in the facts charged of this case.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the reasons and records, the fact-finding by the court below cannot find out the grounds that the fact-finding by the court below exceeded the above limit.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be a legitimate ground of appeal.

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