The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

When filing an appeal against the judgment of the court of first instance, the Defendant asserted only mistake of facts and fraudulent sentencing on the grounds of appeal, and the lower court did not ex officio decide on the matters alleged by misunderstanding of legal principles on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine is not a legitimate ground for appeal.

In addition, the remaining grounds of appeal are that the court below erred in finding facts by omitting the judgment on the evidence consistent with the defendant's argument without going against the rules of evidence or failing to exhaust all necessary deliberations.

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.