The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, it is justifiable to find the lower court guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape based on relative relation) 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 exhaust all necessary deliberations and

Meanwhile, the argument that the judgment of the court below erred by infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility constitutes an allegation of unfair sentencing.

However, 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

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