2018Do20835 Rape, Similar Rape

A person shall be appointed.

Defendant

Attorney Park Dong-young (National Election)

Seoul High Court Decision 2018No2218 Decided December 6, 2018

February 28, 2019

The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable for the lower court to maintain the first instance judgment convicting the Defendant of rape among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules

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

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

Justices Noh Jeong-hee

Justices Park Sang-ok

Justices Noh Jeong-chul

Justices Kim In-bok