The grounds of appeal are as follows: although the defendant did not conceal the victim's injury, the court below erred by misapprehending the legal principles on the relation between the injury and death and the bodily injury, burden of proof in the criminal trial, etc.; thus, the court below erred by misapprehending the legal principles on the relation between the injury and death and the bodily injury, thereby finding the defendant guilty.

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.

In addition, the lower court did not err by misapprehending the legal doctrine on the relation with the person causing death or the burden of proof, etc. in determining that the Defendant was guilty based on such factual basis.

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