The summary of the grounds for appeal is that the judgment of the court below is unlawful, since the court below recognized the facts against the rules of evidence and judged the defendant not guilty, although the court below found the defendant guilty sufficiently of the facts charged against the defendant.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

shall not be deemed to exist.

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