The prosecutor's ground of appeal is that the court below acquitted the defendant by determining erroneous evidence in violation of the rules of evidence, despite the fact that the defendant deceivings the victim as shown in the facts charged in this case. The prosecutor's ground of appeal is 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 in light of the record, the lower court’s fact-finding and evidence judgment did not err in exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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