The appeal is dismissed.

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable to find the lower court guilty of attempted rape among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on the commencement of the crime of rape.

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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is 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.