The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below judged the defendant guilty by finding erroneous facts in violation of the rules of evidence and by misunderstanding the relevant legal principles, although the defendant has a sexual intercourse under the agreement with the victim.

However, the recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. The ground of appeal is not legitimate grounds of appeal since it contests the fact-finding belonging to the discretionary authority of the court below or asserts the misapprehension of legal principles on the premise of facts different from

In addition, according to 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 more 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 punishment is too unreasonable cannot

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