The lower court determined that the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) committed jointly with the Defendant A, who was a co-defendant, was recognized.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on assault and threat in the crime of rape, contrary to what is alleged in the grounds of appeal.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

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