The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the injury among the facts charged in the instant case on the grounds stated in its reasoning.

The lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by violating the principle of evidence judgment, presumption of innocence, and the principle of fair trial.

In addition, since data submitted by the defendant cannot be seen as "clear evidence newly discovered", the argument that there is a ground for request for retrial under Article 420 subparagraph 5 of the Criminal Procedure Act cannot be accepted in the judgment below.

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