2020Do69555 A. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape and Injury)

(b) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof;

(c) Violation of the Narcotics Control Act;

(d) Violation of the Narcotics Control Act;

200.Before the 2020.20

A

Defendant and the respondent for attachment order

Attorney Choi Byung-hee (Korean National Assembly)

Seoul High Court Decision 2020No48, 2020No7 decided May 22, 2020

August 13, 2020

All appeals are dismissed.

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

1. Defendant case

Examining various circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, and environment of the Defendant and the person who requested an attachment order (hereinafter referred to as the “Defendant”), relationship with the victim, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 16 years and two months in total.

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

When a defendant files an appeal against a prosecuted case, he/she is deemed to have filed an appeal as to the request for attachment order. However, the appellate brief did not state the grounds for appeal and did not state the grounds for appeal.

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-hwan

Justices Park Sang-ok

Justices Ansan-chul et al.

Justices Noh Jeong-hee