The appeal is dismissed.

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that the lower court rendered a guilty judgment by finding wrong facts although the Defendant did not have committed any crime as stated in the instant facts charged. The lower court’s judgment is unlawful.

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 reasons in light of the record, the court below cannot find out the reasons that the court below exceeded the limit of the principle of free evaluation of evidence.

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