2015Do9348 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape against the disabled)

(a) Name of the principal offense: the punishment, etc. of a sexual crime;

Special Act on Special Cases Concerning the Violation of the Act on Special Cases Concerning the Settlement of Persons with Disabilities

Criminal Name: Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

(b) The name of the crime recognized: the punishment, etc. of a sexual crime;

violation of the Act of Special Cases (Quasi-rape, etc. for the Disabled) and alternatively changed

Criminal Name: Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

【Indecent Act】

2015 Jeondo168 (Joint Attachment Orders)

A

Defendant and the respondent for attachment order

Attorney S (National Ship)

Supreme Court Decision 2014Do8423, 2014 Jeondo151 Decided September 4, 2014

Supreme Court Decision 2014Do16495, 2014 Jeondo268 (Consolidated) Decided February 26, 2015

Daejeon High Court Decision 2015No174, 2015 Jeonno10 decided May 29, 2015

August 27, 2015

The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Defendant case;

The part rejected by the court of final appeal on the ground that the allegation in the grounds of final appeal is groundless at the same time as the judgment is rendered, and the defendant and the person requesting an attachment order (hereinafter referred to as "defendant") can no longer contest against this part, and the court that has been remanded cannot make a decision contrary thereto. Thus, the defendant cannot make a claim as to this part as the grounds for final appeal (see, e.g., Supreme Court Decisions 2006Do2017, Jun. 9, 2006; 201Do8478, Oct. 13, 2011).

Examining the records of this case in light of the above legal principles, the grounds of appeal disputing the conviction by asserting misunderstanding of facts or misapprehension of legal principles in the second remand judgment was rejected, and the judgment of conviction was affirmed (the second remand judgment reversed the judgment of the court below prior to the second remand on the grounds of violating the principle of prohibition of disadvantageous change). Thus, the ground of appeal of this case disputing the judgment of conviction by asserting misunderstanding of facts and misapprehension of legal principles again is related to the part which has already become final and conclusive and cannot be deemed a legitimate ground of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the court below’s punishment and the order to disclose personal information and the order

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

For the reasons indicated in its holding, the lower court: (a) recognized that the Defendant committed two or more sexual crimes, and recognized that the Defendant was likely to recommit sexual crimes; and (b) imposed on the Defendant an order to attach an electronic tracking device and to complete sexual assault treatment programs, as indicated in its reasoning.

This part of the ground of appeal is purporting to dispute the fact-finding of the lower court, and it is merely an error of the lower court’s determination on the choice of evidence and probative value, which belong to the free judgment of the fact-finding court, and it cannot be accepted. In light of the evidence duly admitted, the lower court’s reasoning did not err by misapprehending the judgment regarding

3. Conclusion

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

Justices Ko Young-han

Justices Kim Yong-deok

Justices Kim So-young