The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the first instance court, the lower court was justifiable to have found the Defendant guilty of attempted rape among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free conviction by violating logical and empirical rules, or by misapprehending the legal doctrine on

In addition, the argument that the judgment of the court below contains an error of law by misunderstanding the legal principles concerning the determination of punishment or by incomplete trial constitutes an unfair judgment.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the above assertion and the punishment are 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.