강간상해,부착명령
2009Do7948 Rape Bodily Injury
209 Jeondo24 (Joint Attachment Orders)
m.
Defendant and the respondent for attachment order
【Public-service Advocates
Seoul High Court Decision 2009No794, 2009 Jeonno9 (Consolidated) Decided July 24, 2009
September 24, 2009
The appeal is dismissed.
The grounds of appeal by the defendant and the person subject to the attachment order (hereinafter referred to as the "defendant") and his defense counsel are also examined.
1. Ground of appeal No. 1
According to the reasoning of the judgment of the court below, the court below affirmed the conclusion of the judgment of the court of first instance which convicted the defendant of the injury resulting from rape in full view of all the circumstances described in the judgment, including the fact that the fingerprints of each of the defendant was discovered on the face of the entrance wall of the toilet, the entrance wall of the scene of the crime in this case, and the detection of the victim's blood trace at the bar or the end of both sides, and the circumstance that the victim designated the defendant as a criminal through the criminal identification procedure and the contents of the statement, while the change of the defendant's statement seems to be considerably reliable.
Such measures of the court below are consistent with the reasonable free evaluation of the judge of the fact-finding court, and it is sufficiently acceptable in light of the records, and there is no violation of the rules of evidence as alleged in the grounds of appeal.
2. The second ground for appeal
In light of all the circumstances such as the motive, method, and result of the instant crime, Defendant’s age, environment, sex, and circumstances after the crime, etc., the sentencing of the lower court is too unfair even if considering the circumstances in the grounds of appeal, such as the following circumstances, such as the Defendant’s motive, method, and consequence of the instant crime, Defendant’s age, environment, sexual conduct, and circumstances after the crime, etc., in which the victim who was under eight years of age, who was under the direction of the Defendant, was towed to the toilets of the nearby church building, was raped, and was raped, and the degree of injury was also very serious.
3. Conclusion
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Shin Young-chul
Justices Park Si-hwan
Justices Ahn Dai-hee