Defendant

Defendant and the respondent for attachment order

South Korea

Korea Legal Aid Corporation affiliated with the Korea Legal Aid Corporation

Busan District Court Decision 201Dahap147 decided September 30, 2011

All appeals filed by the defendant and the respondent for an attachment order shall be dismissed.

1. Summary of grounds for appeal;

(a) Mental illness;

The defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") had a weak mental and physical disorder by drinking at the time of the crime of this case.

B. Unreasonable sentencing

In light of the various sentencing conditions of the instant case, the lower court’s imprisonment (six years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the claim of mental disability

According to the records of this case, even though the defendant was aware that he had drinking at the time of committing the crime of this case, in light of the background leading up to the crime of this case, the means and method of committing the crime of this case, and the circumstances after committing the crime of this case, it does not seem that the defendant had no or weak ability to discern things at the time of committing the crime of this case.

Therefore, the defendant's argument of mental disability is without merit.

B. Regarding the assertion of unfair sentencing

In full view of the various sentencing conditions revealed in the records of this case, including the fact that the defendant led to the crime of this case and committed the crime of this case in favor of the defendant, and committed the crime of this case in good faith, but the crime of this case is very bad in the nature of the crime, and the victim physically and mentally suffering, and the defendant attempted to reach an agreement with the victim, the defendant filed a complaint with the victim as a larceny, the defendant did not receive a letter from the victim, the defendant committed rape with a cruel method, and again committed the crime of this case even if he was sentenced to imprisonment for 4 years by committing the crime of injury, etc., the punishment of this case sentenced by the court below is judged to be within the proper scope of sentencing, and it cannot be deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Part of the attachment order case

When a person subject to an application for an attachment order files an appeal against a prosecuted case, he/she is deemed to have filed an appeal regarding the attachment order case pursuant to Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders. However, the person subject to an application for an attachment order fails to submit a legitimate ground for appeal regarding the attachment order case, and even if examining the judgment of the court below, he/she does not ex officio investigate and reverse this part.

4. Conclusion

Therefore, the appeal filed by the defendant and the person subject to the request for attachment order is dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on the Electronic Monitoring of Specific Criminal Offenders.

Judges Choi Jae-ho (Presiding Judge)