1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of rape among the facts charged in the instant case on the grounds indicated in its reasoning.

In doing so, the court below did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the crime of rape.

2. According to Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, the court may forward the case to a home protection case where it recognizes it appropriate to take a protective disposition by respecting the intent of the victim as a result of hearing the defendant's case against a domestic violence offender, but it does not necessarily require all domestic violence cases to be handled as a

If the nature, motive, and result of the instant case shown in the record, and the character and conduct of the Defendant, it can be seen that the instant case is inappropriate for treating it as a home protection case.

Therefore, it cannot be deemed that the court below erred by misapprehending the legal principles on the above law without treating the instant case as a home protection case, in violation of the Act on the Punishment, etc. of Crimes of Domestic Violence or failing to exhaust all necessary deliberations.

3. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed. As such, in this case where a more minor sentence has been imposed against the Defendant, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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