A. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)

(b) Robbery;

(c) Destruction of carcasses;

(d) Larceny;

(e) Confinement; and

2012 Beforemado29 (Consolidated) Orders to attach

A

Prosecutor

Attorney CG (State Ship)

Seoul High Court Decision 2012No1964, 2012 Jeonno167 decided October 18, 2012

2013, 16.

All appeals are dismissed.

The grounds of appeal are examined.

1. In a case where a defendant was sentenced to death penalty, imprisonment with prison labor for an indefinite term or for not less than ten years against the defendant, the prosecutor, under the interpretation of Article 383 subparagraph 4 of the Criminal Procedure Act, may not assert any error in violation of the rules of evidence in the court below as to the recognition of the premise of sentencing against the defendant's interest (see, e.g., Supreme Court Decision 2005Do1952, Sept. 15, 2005).

Therefore, in this case where the court below sentenced an imprisonment for life against the defendant, the prosecutor's grounds of appeal, such as the fact that the amount of the punishment by the court below is extremely unfair or that it violated the rules of evidence, the principle of direct deliberation or the principle of court-oriented trial in finding the facts premised on the sentencing, cannot be accepted as it goes against the Supreme Court precedents. In addition, it is not necessary to change

2. In the event that a prosecutor files an appeal against a prosecuted case regarding the case claiming the attachment order, the appeal is deemed to have been filed regarding the case claiming the attachment order, but no detailed statement in the petition of appeal is stated in the appellate brief and no statement in the appellate brief as to the grounds of objection is found.

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 Kim Jae-young

Justices Shin Young-young

Justices Park Sang-hoon

Justices Kim Yong-deok