The defendant's argument in the grounds of appeal is that the court below's erroneous fact-finding that found the defendant guilty despite the fact that the defendant did not suffer injury by rape as stated in the facts charged.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

Even in light of the records, the fact-finding by the court below is not recognized to have exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be a legitimate ground of appeal.

Meanwhile, the argument that the court below erred in the misapprehension of legal principles as to the exception of disclosure and notification order shall not be a legitimate ground for appeal, since the defendant's ground for appeal is the ground for appeal, or the court below's decision was not subject to a judgment ex officio.

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