The appeal is dismissed.

The grounds of appeal are examined.

The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, may be appealed on the ground that the judgment of the court below affected the conclusion of the judgment or that there is a substantial reason to recognize that the amount of punishment has been extremely unfair.

The gist of the grounds of appeal is that the court below recognized erroneous facts based on the victim's statement, etc. although the defendant did not commit such act, although the court below did not have committed such act, and the court below's sentence is too excessive, and thus the court below's judgment is unlawful. However, in this case where the defendant was sentenced to imprisonment for less than 10 years against the defendant, the above assertion is not a legitimate ground of appeal.

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