The appeal is dismissed.

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the defendant found the victim who was deprived of his mind before the telecom and was used at the victim's request and was placed on the victim's room 209, where the defendant impliedly, and did not rape the victim, the court below found the defendant guilty on the ground of erroneous fact-finding based on the victim's statement, etc. which the court below did not believe.

However, evidence selection and fact-finding belong to the exclusive authority of the fact-finding court unless it goes beyond the bounds of the principle of free evaluation of evidence. Thus, even if the reasoning of the judgment below is examined in light of the records, it cannot be found that the defendant exceeded the limit of the principle of free evaluation of evidence in the fact-finding of the court below. Thus, the ground of appeal is just to criticize the fact-finding belonging to the exclusive authority of the court

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