Cases
A. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.)
(c) Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes;
Gamgraphing
(c) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims;
(Rape, Injury by Rape, etc.)
(d) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof;
(Housing Rape, Rape, etc.)
Defendant
(A)
A
2.(a)(b)
A person shall be appointed.
3. (a) (c) ;
A person shall be appointed.
Appellant
Defendants
Defense Counsel
Attorneys CA (Law No. 1000,000)
CB (for Defendant B)
CC, CD, CE
Judgment of remand
Supreme Court Decision 2017Do6594 Decided October 26, 2017
Judgment of the lower court
Gwangju High Court Decision 2017 - 474 decided January 29, 2018
Imposition of Judgment
April 10, 2018
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
Examining the evidence duly adopted and examined by the lower court and the first instance court in accordance with the purport of the judgment remanded, the lower court was justifiable to have determined that all of the charges of this case against the Defendants were guilty on the grounds indicated in its reasoning. In so doing, 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 degree of proof of criminal facts, co-principal, co-principal, joint principal, and attempted abandonment
Examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendants’ age and environment, relationship with the victims, motive, means and consequence of each of the instant crimes, the circumstances after the commission of the crime, etc., the lower court cannot be deemed to be too unreasonable to sentence Defendant A with imprisonment of 10 years with prison labor, 12 years with prison labor for Defendant B, and 15 years with prison labor for Defendant C.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Min You-sook
Justices Kim Jae-tae
Justices Jo Hee-de
Justices Kim Jae-in