The appeal is dismissed.

The grounds of appeal are examined.

The ground of appeal is that the court below erred by failing to exhaust all necessary deliberations, and by misapprehending the legal principles on the crime of rape, thereby finding the defendant guilty. Thus, the judgment of the court below is erroneous.

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.

In light of such factual basis, the lower court did not err by misapprehending the legal doctrine on the crime of rape, etc., which found the Defendant to be the primary charge of the instant facts charged.

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