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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, it is justifiable for the lower court to have maintained the first instance judgment that found the instant facts charged guilty on the grounds stated in its reasoning.
Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of facts beyond the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or in the misapprehension of legal principles as to “the state of resistance impossible due to any physical or mental disability” in the crime of quasi-rape against the Act on Special Cases concerning the Punishment of Sexual Crimes.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.