The gist of the grounds for appeal is that the judgment of the court below is unlawful, since the court below recognized the facts in violation of the rules of evidence and acquitted the defendant, even though the changed facts charged are fully convicted, according to the evidence submitted by the prosecutor.

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 allegation in the grounds of appeal is not a legitimate ground of appeal, because it contests the recognition of facts belonging to the exclusive authority of the court below.

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