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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The Prosecutor’s ground of appeal is that the lower court rejected the credibility of the victim’s statement and acquitted the Defendant, even though it can be acknowledged that there was an intentional indecent act committed against the Defendant at the time of the act as indicated in the instant facts charged, which is unlawful.
However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence
Even if examining the reasoning of the lower judgment in light of the record, it is not recognized that the lower court’s judgment exceeded the bounds of the principle of free evaluation
Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.