The defendant's argument in the grounds of appeal is that the defendant testified as a witness, but the court below found the defendant guilty by finding wrong facts. The judgment of the court below is against the presumption of innocence and illegal.

However, inasmuch as the recognition of facts and the selection and evaluation of evidence conducted on such premise do not exceed the bounds of the principle of free evaluation of evidence, the court of fact-finding may not find the grounds for exceeding the bounds of the principle of free evaluation of evidence even in light of the reasoning of the judgment below and the record.

Therefore, the allegation in the grounds of appeal is merely to criticize matters belonging to the exclusive authority of the lower court, and it cannot be a legitimate ground of appeal, and it cannot be deemed that the lower court’s judgment violated the presumption of innocence.

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