2013Do765 Violation of the Punishment of Violence, etc. Act (a group or deadly weapon)

Bodily Injury)

2013. Transitiondo22 (Joint Attachment Orders)

Persons whose attachment order is requested;

A person shall be appointed.

Defendant and the respondent for attachment order

Attorney H (Korean National Assembly Line)

Gwangju High Court Decision 2012No311, 2012 Jeonno42 (Joint Judgment) Decided December 27, 2012

April 25, 2013:

All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the defendant case

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the instant facts charged were guilty on the grounds stated in its reasoning. In so doing, it did not err by misapprehending the legal doctrine on the crime of causing rape or by misapprehending the bounds of the principle of free evaluation of evidence, without exhaust all necessary deliberations, as otherwise alleged in the grounds of appeal.

2. As to the case for which an attachment order is requested:

As long as the Defendant and the respondent for an attachment order file a final appeal against the Defendant’s case, the final appeal is deemed to have been filed regarding the case for which the attachment order is sought. However, there is no indication of the grounds for final appeal in the petition of final appeal and no statement of the grounds for final appeal is found.

3. Conclusion

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

Justices Min Il-young

Justices Lee In-bok

Justices Park Poe-young

Justices Kim Shin-chul