The Defendant’s argument in the grounds of appeal is that the lower court convicted the Defendant by either finding the remainder of erroneous facts in violation of the rules of evidence or by misapprehending the legal principles on the establishment of perjury, even though the Defendant did not have committed an offense of perjury, such as the facts charged in this case. Therefore, the lower court’s judgment 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 record, the court below cannot find the reason that the court below exceeded the limit of the principle of free evaluation of evidence, and there is no illegality of misunderstanding the legal principles as to the establishment of perjury.

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