The lower court rejected Defendant’s assertion as to Defendant’s mental disorder on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding mental and physical disorder or by exceeding the bounds of the

In addition, the argument in the grounds of appeal that there was no intention to engage in sexual intercourse is a new argument in the final appeal that the defendant considered it as the grounds of appeal, or that the court below did not consider it as the subject of ex officio.

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 amount of punishment is unreasonable

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