The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty 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 err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “non-performance of resistance” in the crime of violation of the Act on Special Cases Concern

In addition, the argument that the defendant was in a state of mental and physical weakness at the time of committing the crime of this case is not a legitimate ground for appeal, as it is alleged by the defendant as the ground for appeal or by the court below as the subject of judgment ex officio.

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