The recognition of facts and the selection and evaluation of evidence, which are the premise thereof, are within the discretionary power of the fact-finding court unless they exceed the limit of the free evaluation of evidence.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the first instance court rendered a judgment of not guilty on the facts charged of this case as there is no proof of crime, and it is not recognized that the lower court’s maintenance of the first instance court for the reasons indicated in its reasoning exceeded the bounds of the principle of free evaluation of evidence

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