The Prosecutor’s argument in the grounds of appeal is that the lower court rendered a not guilty verdict on the Defendant by finding the remaining erroneous facts in violation of the rules of evidence and by misapprehending the legal principles as to the requirements for establishing joint principal offenders, even though each of the facts charged in the instant case is fully admitted according to the evidence submitted by the Prosecutor

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

In light of the record, it is insufficient to view that the court below did not prove each of the facts charged of this case beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

The judgment of the court below cannot find any other ground for misapprehension of the legal principles as to the requirements for establishment of joint principal offender.

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