The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (excluding non-crimes) and intrusion on the structure among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending

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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

Meanwhile, the lower court’s assertion that there was an error in the misapprehension of the facts as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) among the facts charged in the instant case, or that the Defendant was in a mental and physical state at the time of each of the instant crimes, is not a legitimate ground for appeal, since the Defendant’s ground for appeal or the lower court’s appeal did not appear to

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