The defendant's argument in the grounds of appeal is that the court below found the defendant guilty by mistake of facts, although the defendant did not assault the victim as stated in the facts charged, which 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 if examining the reasons in light of the record, the court below cannot find out the reasons that the court below exceeded the limit of the principle of free evaluation of evidence.

Therefore, the above argument in the grounds of appeal is merely to criticize the matters falling under the exclusive authority of the court below, and it does not constitute a legitimate ground of appeal.

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