The Defendant’s argument in the grounds of appeal is unlawful because the lower court convicted the Defendant by finding the remainder of the false statements made D, although the Defendant did not have committed a crime of selling phiphones, such as the entries in the facts charged in this case.

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

Although examining the reasons in light of the record, the court below cannot find out the reasons that the court below exceeded the above limits.

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 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.