The appeal is dismissed.

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

The Defendant’s argument in the grounds of appeal is that the lower court convicted the Defendant by conducting wrong fact-finding only on the basis of the victim’s inconsistent statement, etc. although the Defendant did not commit the same crime as indicated in the facts charged of this case. The lower court’s judgment is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the reasons and the record, the reason that the court below exceeded the bounds of the principle of free evaluation of evidence in the fact-finding and the judgment of evidence can not be found.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be accepted as 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.