The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Defendant’s appeal claiming mistake of facts against the first instance judgment, which found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes against Victim N among the facts charged in the instant case, and upheld the first instance judgment.

The judgment below

Examining the reasoning of the first instance court in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, as otherwise alleged in the grounds of appeal.

Meanwhile, in the grounds of appeal, the argument of mistake of facts or incomplete deliberation concerning the sentencing conditions is ultimately an argument of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in the case where a more minor sentence is imposed against the defendant, the argument that the sentencing of the

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