The Defendant’s argument in the grounds of appeal is the purport that the lower court found the Defendant guilty on the ground that the Defendant did not have assaulted the victim, such as the facts charged, and that it was unlawful.

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

Even if examining the reasons in light of the record, the court below cannot find out the reasons that the court below exceeded the limit of the principle of free evaluation of evidence.

Therefore, the above argument in the grounds of appeal is merely to criticize the matters falling under the exclusive authority of the court below, and it does not constitute 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.