Examining the evidence duly adopted by the first instance court, the lower court’s judgment that found the Defendant guilty of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant facts charged on the grounds stated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, the court below's rejection of the defendant's argument about mental and physical weakness on the grounds as stated in its reasoning is just, and there is no error of law by misunderstanding the legal principles on mental and physical weakness.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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