Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, recognized that the first instance judgment that found the Defendant guilty of rape among the facts charged in the instant case was justifiable, and rejected the Defendant’s allegation in the grounds of appeal as to mistake of facts

Of the grounds of appeal, the allegation of the lower court’s assertion of this fact-finding is merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the crime of rape, or by exceeding the bounds of the principle of free evaluation

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.

Meanwhile, the part of the grounds for appeal submitted by the Defendant that “the crime of this case was committed in the state of mental or physical loss or mental weakness (e.g., drunk or mental or physical weak state)” is merely stated in such assertion, but did not state specific reasons, it cannot be deemed a legitimate ground for appeal.

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