강간등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the victim E guilty of the indecent act by force (excluding the part not guilty of the reasoning) among the facts charged in the instant case on the grounds as stated in its reasoning, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on forced indecent act, as alleged in
In addition, the argument that the court below's determination of sentencing contains an error of law beyond the limit of the principle of evidence and the principle of free evaluation of evidence concerning the circumstances constitutes an unfair argument of sentencing.
Therefore, under 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 has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.