The appeal is dismissed.

The grounds of appeal are examined.

The argument in the grounds of appeal is that even though the defendant did not commit the same crime as the facts charged, the court below erred in finding the defendant guilty by misunderstanding the facts.

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

Even if examining the reasoning by the record, it is not recognized that the judgment of the court below exceeded the limit of the principle of free evaluation of evidence.

The allegation in the grounds of appeal is merely disputing 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.