(Minor Rape, etc.)

(b) Occupational embezzlement;

Housing Daegu

Reference domicile Daegu

1. As to the grounds of appeal by the defendant and public defender

A. In a case where the defendant appealed the judgment of the court of first instance on the sole ground of unfair sentencing, and the appeal was dismissed, the defendant cannot be deemed as the ground of appeal that there was an error of mistake in fact in the judgment of the court below. Therefore, even if the court below ex officio examined the facts in violation of the rules of evidence, it does not constitute a legitimate ground of appeal. In addition, the judgment of the court below does not contain an error of law

B. In addition, in light of Article 383 subparag. 4 of the Criminal Procedure Act, the court below’s decision that the amount of punishment is unreasonable, unless the punishment of death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed. Therefore, in this case where the defendant was sentenced to a minor punishment, the argument that the punishment is too heavy is not a legitimate ground for appeal by the prosecutor.

Examining the reasoning of the judgment below in light of the records, the court below's finding the defendant not guilty of the facts charged in the indecent act by compulsion on the grounds that there is no proof of such crime is just in accordance with the reasonable free evaluation of evidence by the judge of the fact-finding court, and there is no violation of law of logic and experience

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

Justices Yang Sung-tae

Justices Jeon Soo-ahn

Justices Yang Chang-soo, Justice Yang Chang-soo