2016Do14099 Similar rape, public conflict, interference with business, fraud

A

Defendant

Attorney W (Court-Appointed)

Seoul High Court Decision 2016No1509 Decided August 30, 2016

December 15, 2016

The appeal is dismissed.

The grounds of appeal are examined.

1. Examining the relevant legal principles and the evidence duly adopted and examined by the first instance court and the lower court, the lower court was justifiable to have determined that the crime of similar rape under Article 297-2 of the Criminal Act was established on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. In this case where a minor sentence has been imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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

Justices Lee Sang-hoon

Justices Kim Chang-suk

Justices Jo Hee-de

Justices Park Sang-ok