The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below found the facts in violation of the rules of evidence and judged the defendant not guilty, although the evidence submitted by the prosecutor sufficiently convicted the facts charged in this case.

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 judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

shall not be deemed to exist.

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