The grounds of appeal asserted by the prosecutor are as follows: according to the victim's statement, etc. that the defendant was not guilty, the court below acquitted the defendant even though it is sufficiently recognized that the defendant committed the crime as stated in the facts charged in this case, which is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the records, the judgment of the court of first instance as cited by the court below does not exceed the limit of the principle of free evaluation of evidence.

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

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