1. According to the records on the Defendant’s appeal, the Defendant did not submit a written appeal to the lower court, and the Defendant’s state appointed defense counsel submitted a written statement of “statement of grounds for appeal” to the Supreme Court on February 12, 2019 when the period for filing an appeal expires.

Even if the appeal is filed, the appeal by a public defender is unlawful as it is filed after the right to appeal is extinguished.

2. On the grounds of appeal by the public prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there is no proof of a crime regarding the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) among the facts charged in the instant case and the violation of the Sexual Violence Punishment Act (indecent act by rape, etc.), and acquitted the Defendant on the violation of the Sexual Violence Punishment Act (indecent act by rape, etc.), and acquitted the Defendant on the ground of the text.

The judgment below

Examining the reasoning of the record, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but the petition of appeal or the appellate brief does not indicate the grounds for objection.

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