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 selection of evidence and 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). The lower court, on the grounds stated in its reasoning, convicted the lower court of the modified facts charged.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, 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 duly admitted evidence, the lower court did not err by misapprehending the legal doctrine regarding the elements for establishing the crime of rape, or by exceeding the bounds of free

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

Meanwhile, the ground of appeal that considers the circumstances regarding the Defendant’s normal relation and applied for consideration can be seen as the argument that the lower court’s sentencing is excessive.

However, under 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 may be filed on the grounds of an unfair sentencing. Thus, the above assertion to the effect that the defendant was sentenced to minor punishment is not a legitimate ground for final appeal.

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