The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the judgment of the first instance that found the Defendant guilty, and sentenced the Defendant not guilty, on the grounds indicated in its reasoning.

The allegation in the grounds of appeal is disputing the lower court’s fact-finding, and it is merely erroneous for the lower court’s determination on the selection and probative value of evidence, which substantially belongs to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the records, the lower court did not err by misapprehending the legal doctrine on the status of the custodian of embezzlement, contrary to what is alleged in the grounds of appeal.

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