The appeal is dismissed.

The grounds of appeal are examined.

Of the grounds of appeal, the argument that the court below erred in finding the remaining Defendant guilty of the victim’s false statement, etc. although the Defendant did not rape as stated in the facts charged of this case is ultimately the purport of disputing the fact-finding of the court below.

However, 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 exceeds the limit of the free evaluation of evidence.

The judgment below

Even in light of the records, the court below’s determination that the facts charged in this case was guilty on the grounds stated in its reasoning cannot be deemed as violating logical and empirical rules.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be a legitimate ground of appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

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