The appeal is dismissed.

The grounds of appeal are examined.

Of the facts charged in the instant case, the lower court upheld the first instance judgment that convicted the Defendant of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) 8, 9, and 11, among the crimes committed by the first instance court.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on attempted suspension.

The allegation that the lower court’s determination of sentencing contains an error of infringing on the essential contents of the principle of balance of punishment or the principle of responsibility.

According to Article 383, Paragraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too 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.