The gist of the grounds of appeal is as follows: (a) according to the evidence submitted by the prosecutor, each of the fraudulent parts of the facts charged in the instant case was fully convicted; (b) the court below found the Defendant guilty on September 19, 2008, September 11, 2009, and August 31, 2011; (c) however, the court below erred by misapprehending the rules of evidence and finding the Defendant not guilty.

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.

On the other hand, the prosecutor appealed against the entire judgment of the court below, but did not state the grounds of objection against the petition of appeal or the statement of reasons for appeal.

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