The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of rape among the facts charged in this case for the reasons stated in its reasoning, and there is no violation of the principle of free evaluation of evidence in violation of logical and empirical rules without exhaustive deliberation as alleged in the grounds of appeal.

In addition, examining the circumstances revealed in the record, such as the background leading up to the instant crime, the method of crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, the Defendant was in a mental and physical state at the time of the instant crime.

It is difficult to see it, and there is no error in the judgment of the court below that did not recognize mental disorder.

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