Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of each indecent act by force among the facts charged in the instant case.
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the establishment of the crime of indecent act by compulsion.
According to Article 383 subparagraph 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 imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.