2019Do6823 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)

2019. 62 (Joint) An order to attach an electronic device

2019Modo1 (Joint Medical Treatment Orders)

A person who requests an attachment order, or a person who requests a treatment order;

A person shall be appointed.

Defendant and the respondent for an attachment order, and the respondent for a medical treatment order

Attorney Kim Yong-soo (Korean National Assembly)

Busan High Court Decision 2019Do8, 2019 Jeonno1 (Joint) and 2019 decided May 9, 2019

Adverity1 (Joint Judgment)

July 24, 2019

All appeals are dismissed.

The grounds of appeal are examined.

1. Determination of the accused case

According to the records, the defendant and the respondent for an attachment order and the respondent for an attachment order (hereinafter referred to as "defendant").

(2) The grounds of appeal are examined as follows: (a) while appealed from the judgment of the first instance, only alleged unreasonable sentencing as the grounds of appeal.

In such a case, there is no assertion that the lower court erred by mistake of facts or by misapprehending the legal doctrine.

No ground of appeal by law shall be a ground of appeal.

And the defendant's age, character and conduct, intelligence and environment, relationship with the victim, the Dong of each of the crimes in this case

and means, and the result thereof, various conditions for sentencing as shown in the records, such as the circumstances after the commission of the crime

Examining the reasoning of the court below, the court below did not consider the circumstances alleged by the defendant.

The maintenance of the judgment of the court of first instance which sentenced imprisonment cannot be deemed to be extremely unfair.

2. Judgment on the case of a request for attachment order and the case of a medical treatment order request

When a defendant files an appeal against a prosecuted case, the request for attachment order and the request for medical treatment order

An appeal is deemed to have been filed regarding the Gu case. However, the grounds for appeal are stated in the petition of appeal.

There is no statement in the appellate brief, and there is no statement in the grounds for objection.

3. Conclusion

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

this decision is delivered.

Justices Lee Ki-taik 1

Justices Kim Jong-il

Justices Park Il-san

Jeju High Court Justice Kim Jong-soo