Examining the lower court and the first instance court’s evidence duly admitted and investigated, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) and violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) among the instant facts charged.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent or commencement of the crime of rape.

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