Cases
2019Do1960 Quasi-rape
Defendant
A
Appellant
Prosecutor
Defense Counsel
Attorney Sick-gu (Korean National Assembly)
The judgment below
Seoul High Court Decision 2018No2763 Decided January 25, 2019
Imposition of Judgment
April 23, 2019
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant facts constituting the crime among the facts charged of this case. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the state
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Judges
Justices Kim Jong-soo
Justices Kwon Soon-il
Justices Lee Ki-taik
Justices Park Jung-hwa