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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The establishment of facts constituting the offense of the accused case shall reach the level of proof with 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). On the grounds indicated in its reasoning, the lower court determined that the first instance court, which found the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the “defendant”), convicted the victim of the injury in the course of rape, was justifiable, and rejected the allegation in the grounds of appeal for mistake of facts.
The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.
In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent, method and method of rape, degree of injury, and causal relationship, etc.
Meanwhile, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment
2. As to the case for which a request for attachment order is filed, a final appeal is deemed to have been filed regarding the case for which the defendant filed a final appeal regarding the case for which the attachment order is requested, but the final appeal is