2017Do14889 Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof.

(Rape, etc. Murder)

2017 Jeondo99 (Joint Attachment Orders)

Persons whose attachment order is requested;

A person shall be appointed.

Defendant and the respondent for attachment order and the prosecutor

Gwangju High Court Decision 2017-36, 2017 Jeonno1 (Consolidation) Decided August 31, 2017

December 22, 2017

All appeals are dismissed.

The grounds of appeal are examined.

1. Defendant case;

A. As to the grounds of appeal by the Defendant and the person subject to a request to attach an order (hereinafter referred to as “Defendant”), the lower court, based on the circumstances indicated in its reasoning, found that the victim was raped and died in water speed, and that the sperm and blood are completely mixed within a short time and are found to be red at the time of contact with each other, so long as the Defendant was detected without mixing the Defendant’s sperm and the victim’s physiological transfusion within the victim’s quality, the lower court found the Defendant to have committed murder immediately after the victim committed the crime. In so doing, the lower court did not err by misapprehending the legal doctrine on the evidence of this case or by exceeding the bounds of the principle of free evaluation of evidence, on the grounds that the Defendant did not appear at the scene at the time of committing the crime, or that a third party, other than the Defendant, committed the crime, could be excluded from the possibility of committing the crime, and thereby, did not err in the judgment of the lower court in light of the aforementioned legal doctrine and the record.

B. In cases where a public prosecutor’s ground of appeal is sentenced to death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years, a public prosecutor may not file an appeal on the ground that such punishment is too minor (see Supreme Court Decisions 2010Do17829, Apr. 28, 201; 2010Do1777, Apr. 28, 201).

2. With respect to the case of the request for attachment order, an appeal shall be deemed to have been filed regarding the case of the request for attachment order as long as the defendant and the prosecutor have filed the final appeal regarding the case of the accused case: Provided, That the grounds of objection are not stated in each

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 Park Jung-hwa

Justices Kim Yong-deok

Jeju High Court Justice Kim Shin -

Justices Park Sang-ok