The appeal is dismissed.

The grounds of appeal are examined.

Based on its stated reasoning, the lower court convicted the Defendant of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.).

Examining the relevant legal principles and 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, or by misapprehending the legal doctrine on the meaning of bodily injury resulting from rape.

The argument that the judgment of the court below erred by exceeding the limit of discretion in sentencing is ultimately an allegation of unfair sentencing.

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

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not 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.