Cases
2014Do9574 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
Adult Rape, etc.) (Name of recognised Crime: Violence)
Defendant
A person shall be appointed.
Appellant
Defendant
Defense Counsel
B Law Firm (Attorney S, T, C, and U)
Judgment of the lower court
Busan High Court (Chowon) Decision 2013Do439 Decided July 9, 2014
Imposition of Judgment
February 18, 2016
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have found the Defendant guilty of the assault, which is the ancillary charge of this case, on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Ko Young-han
Justices Lee In-bok
Justices Kim Gin-young
Chief Justice Lee Ki-taik