2013Do1929 Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof.

(Quasi-rape, etc. for the Disabled)

A person shall be appointed.

Defendant

Attorney B

Daegu High Court Decision 2012No430 decided January 24, 2013

April 11, 2013

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, the lower court was justifiable to have determined that the instant facts charged were recognized on the grounds as stated in its reasoning, and there were no errors of misapprehending the legal doctrine or misunderstanding of facts beyond the bounds of the principle of free evaluation of evidence.

In addition, under 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 not less 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 amount of the punishment is remarkably unfair and that the principle of justice

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

Justices Park Poe-dae

Justices Yang Chang-soo

Justices Go Young-young

Justices Kim Chang-suk