2016Do6644 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Bodily Injury resulting from Rape, etc.)

(Name of crime Recognized: Injury resulting from Rape)

A person shall be appointed.

Defendant

Law Firm B

Attorney C, K, AL, AM, andN

Seoul High Court Decision 2016No146 Decided April 22, 2016

August 17, 2016

The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court guilty of the injury resulting from rape included in the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the injury resulting from rape, etc.) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, it did not err by misapprehending the legal doctrine on the discretion of confession, admissibility of evidence as a result of the examination of a false horse detection device, and possibility of injury and predictability in the crime of rape, thereby adversely affecting the conclusion of the judgment, by failing to exhaust all necessary deliberations,

In addition, the argument that omitted judgment on the validity of an agreement, which is a condition for sentencing, constitutes an allegation of unfair sentencing. However, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for a case on which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. As such, in the instant case where a more minor sentence has been imposed against the Defendant, the argument

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

Justices Kim Chang-suk

Justices Lee Sang-hoon

Justices Cho Jong-hee

Justices Park Sang-ok