The argument in the grounds of appeal is that the judgment of the court below is unlawful, since the defendant did not have committed a crime as stated in the facts charged but the court below found the defendant guilty by finding wrong facts.

However, inasmuch as the recognition of facts and the selection and evaluation of evidence, which are the premise thereof do not exceed the bounds of the principle of free evaluation of evidence, the court of fact-finding may not find out the grounds that the court below exceeded the bounds of the principle of free evaluation of evidence.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be accepted as 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.