2019Do7463 Special Cases concerning life-sustaining, indecent act by compulsion, punishment of sexual crimes, etc.

Article 10 (Indecent Acts at Place of Public Smuggling)

2019do66 (Consolidation) An order to attach an electronic device

Persons whose attachment order is requested;

A person shall be appointed.

Defendant and the respondent for attachment order

Attorney Kim Jong-soo (National Election)

Seoul High Court Decision 2019Do203, 2019Do14 (Joint) Decided May 16, 2019

A person shall be appointed.

August 14, 2019

All appeals are dismissed.

The grounds of appeal are examined.

1. Defendant case

On the grounds indicated in its reasoning, the lower court convicted all of the facts charged of this case. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending

Considering the above assertion of unreasonable sentencing, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") are the defendants

Examining various circumstances that form the conditions for sentencing indicated in the records, such as the age, character and conduct, and environment of the Defendant, relationship with the victim, motive, means and consequence of each of the instant crimes, and the circumstances after the crime, etc., it cannot be deemed that the lower court’s maintenance of the first instance judgment that sentenced the Defendant to life imprisonment, etc. is extremely unfair.

2. As to the case of the request for attachment order

As long as the defendant filed an appeal against the accused case, the appeal is deemed to have been filed regarding the case claiming an attachment order. However, the appellate brief does not state the grounds for appeal and the appellate brief does not find any grounds for objection to this part.

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 Ansan-chul

Justices Park Sang-ok

Justices Noh Jeong-hee

Chief Justice Kim Jong-hwan