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 reasons indicated in its reasoning, the lower court recognized that the first instance judgment that found the Defendant guilty of forced indecent act among the facts charged in the instant case was justifiable, and rejected the Defendant’s allegation of the grounds for appeal as to the mistake of facts.

The allegation in the grounds of appeal to the effect that the lower court’s determination of facts among the grounds of appeal is nothing more than an error of 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 doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the crime of indecent act by force, or by exceeding the bounds of

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

Meanwhile, the argument that the illegality of suicide aiding and abetting act was cured during the grounds of appeal is not a legitimate ground for appeal as provided in Article 383 of the Criminal Procedure Act, as it is alleged by the defendant only for the grounds of appeal that the court below did not consider it as being subject to 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.