The argument in the grounds of appeal is that the court below rendered a judgment of not guilty by selecting false evidence and finding facts, even though the court below may sufficiently find the facts charged in light of the facts and circumstances acknowledged by the evidence submitted by the prosecutor. The purport of the ground of appeal is that it is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on such premise 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, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.