The appeal is dismissed.

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that the lower court’s conviction of the Defendant by making a false fact-finding based on the victim’s false statement is unlawful, even though the Defendant merely made a sexual intercourse with the victim and did not rape with the victim, among the facts charged in the instant case.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

Even if examining the reasoning of the judgment below in light of the record, it cannot be found that the judgment below exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and there is no illegality in misapprehending the relevant legal principles.

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