Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that all of the facts charged in the instant case is guilty on the grounds stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine, failing to exhaust all necessary deliberations, or by omitting judgment.

Whether to adopt the application for examination of evidence may not be examined when the court deems it unnecessary to do so at the discretion of the court.

(See Supreme Court Decision 2010Do7947 Decided January 27, 2011). The lower court rejected the Defendant’s application for on-site inspection, thereby violating the presumption of innocence.

or the defendant's right to a fair trial may not be infringed.

In addition, the argument that the court below erred in the misapprehension of legal principles as to the specification of the facts charged is not a legitimate ground for appeal, since the defendant's ground for appeal is alleged in the ground of appeal that the court below did not consider it as the subject of

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