The defendant's argument in the grounds of appeal is the purport that the defendant's act is unlawful, and it is also erroneous that the defendant's act is not recognized as a justifiable act. The defendant's act is not recognized as a justifiable act.

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 records, the court below cannot find out the reason that the court below exceeded the bounds of the principle of free evaluation of evidence or failed to exhaust all necessary deliberations.

Therefore, the ground of appeal on mistake of facts 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.

In addition, even if examining the record, there is no circumstance that the court below erred in rejecting the defendant's defense assertion.

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