The appeal is dismissed.

The grounds of appeal are examined.

The argument in the grounds of appeal is that the court below erred in finding facts against the rules of evidence without failing to exhaust all necessary deliberations, even though the defendant did not assault and injure the victimized person as a fitness, or did not contain the fingers in the victim's sexual organ, and the judgment of the court below is unlawful.

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.