The summary of the grounds for appeal is that the judgment of the court below is unlawful, since the court below found the facts in violation of the rules of evidence and acquitted the defendant, even though the facts charged in this case are fully convicted, according to the evidence submitted by the prosecutor.

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.

Therefore, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.