The gist of the grounds of appeal is that the court below's finding of erroneous facts based on C's statement without credibility is unlawful, even though the victim is only an employee of the instant health club operated by the defendant alone and is not a person who operated the club with the defendant.

However, the admission of evidence and the recognition of facts belong to the fact-finding court, unless they exceed the limit of the principle of free evaluation of evidence.

The judgment below

In light of the reasons and the record, it cannot be found that the fact-finding of the lower court 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.