The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below found the defendant guilty by failing to exhaust all necessary deliberations and by misunderstanding the legal principles, although the defendant did not have a harm and injury to the victims.

However, the recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. The ground of appeal is not legitimate grounds of appeal since it contests the fact-finding belonging to the discretionary authority of the court below or asserts the misapprehension of legal principles on the premise of facts different from

Meanwhile, the argument that the court below erred in the misapprehension of legal principles as to the exclusion of illegally collected evidence is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not regard it as the ground of appeal or that the court below did not consider it as the subject

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