The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court acknowledged that (1) the Defendant taken the back satisfy of the victim’s body condition, and (2) recognized that the Defendant did not lack the ability to discern things or make decisions at the time of committing the instant crime, and rejected the grounds for appeal claiming mistake and mental or physical weakness.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, and the fact-finding based thereon, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, or did not err in exceeding

In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and argued that the defendant is guilty of the facts concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) among the criminal facts in the judgment of the court of first instance, together with the mental and physical weakness and the

In such a case, the argument that there is an error of misunderstanding of facts or misunderstanding of legal principles concerning rape injury in the facts of the crime in the judgment of the first instance is not a legitimate ground for appeal.

Meanwhile, according to 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 not less than ten years is imposed, a final appeal against the defendant is allowed due to improper reasons.