The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of rape among the facts charged in the instant case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the intent of rape.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not legitimate grounds for

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