성매매알선등행위의처벌에관한법률위반(성매매알선등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
B. Whether to judge a mistake of facts and grounds for appeal, and each appellate brief submitted by the defendant and the public defender within the period for submission of the appellate brief are written only on grounds of unfair sentencing.
However, on April 14, 2014, a date after the deadline for submitting the statement of grounds for appeal, a private defense counsel appointed after the deadline for submitting the statement of grounds for appeal, submitted a defense counsel’s statement stating the purport of misunderstanding of facts that “as the defendant was involved in business as stated in the facts charged from August 9, 2013 to August 9, 2013, it is different from the fact that the court below recognized the whole period stated in the facts charged as unemployment (from December 2012 to November 2013) and stated the mistake of facts as well as the grounds for appeal.”
The court of appeals shall decide without any need to decide whether the grounds for ex officio are legitimate, if the appeal is submitted, or whether the grounds for appeal are included in the statement of grounds for appeal. However, matters that are not grounds for ex officio may be subject to a trial only when they are included in the statement of grounds for appeal submitted within the prescribed period, unless they are stated in the petition of appeal or not. Meanwhile, the defendant or defense counsel states matters that are not included in the statement of grounds for appeal in the appellate court.
Even if there are grounds for appeal, such as the assertion contained in the statement, cannot be deemed to exist.
(see, e.g., Supreme Court Decision 98Do1234, Sept. 22, 1998; Supreme Court Decision 2007Do4310, Jul. 24, 2008). Therefore, a defense counsel’s written opinion submitted after the deadline for submitting the statement of grounds for appeal contains an assertion of mistake of facts and a statement in the courtroom.
Even if there is no reason for appeal, it is not the reason for appeal.