The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have determined that the instant preliminary charges were guilty on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the establishment of a crime of rape or the degree of proof of facts charged.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is remarkably unreasonable only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for at least ten years is imposed.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not 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.