The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the 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). For the reasons stated in its reasoning, the lower court determined that the injury suffered by the victim due to the instant crime constituted the injury of rape, and rejected the allegation of the grounds for appeal as to mistake of facts or misunderstanding of legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s aforementioned facts, and is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, relevant legal principles as indicated in the lower judgment, and 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 injury of the crime of violating the Act on Special Cases

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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