Defendant

Both parties

Kim Young-young (prosecution), Jeon Young-young (Trial)

Law Firm LLC (Lisung, Attorneys O Dong-dong et al., Counsel for the defendant-appellant)

Seoul Southern District Court Decision 2018Gohap411 Decided November 30, 2018

All appeals filed by the defendant and prosecutor are dismissed.

1. Judgment on the appeal by the defendant

According to the records, even if the defendant filed an appeal against the judgment below on December 4, 2017 and received a lawful notification of the receipt of the trial record from the court on December 27, 2018, the defendant is found to have failed to submit the statement of grounds for appeal within the submission period of 20 days under Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not include the grounds for appeal and does not include any grounds for ex officio examination in the records.

On the other hand, the Defendant submitted the written withdrawal of appeal on January 2, 2019 with the consent of the mother of his/her legal representative. The public defender appointed in the court of the trial did not receive a notification of the receipt of the trial records on January 18, 2019, but did not intend to file the appellate brief (it does not appear in the record that there is possibility that the parent’s opinion would be different due to divorce or separate presence of his/her parents). On February 8, 2019, the private defense counsel appointed on February 25, 2019 submitted the appellate brief on the ground of unfair sentencing on the grounds that the Defendant and the public defender did not submit the appellate brief. In light of these progress, it should be deemed that the public defender is partially responsible for the Defendant and the mother to the private defense counsel. Accordingly, this court does not need to again notify the private defense counsel of the notification of the grounds for appeal, and the defendant and the public prosecutor’s defense counsel did not comply with the foregoing period for submission of the appellate brief.

Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act, and as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall not be decided separately.

2. Judgment on the prosecutor's appeal

(a) Summary of the grounds for appeal (a)

The punishment sentenced by the court below (long-term three years of imprisonment, short-term two years of imprisonment, and 120 hours of order to complete a program) is too unhued and unfair.

B. Determination

In addition to the various sentencing conditions determined by the court below, considering the following as follows: ① a person who makes a false statement to the victim that “non-party 1 requires agreement,” or who makes a direct act of compelling sexual traffic, is the defendant, a person who has been forced to engage in sexual traffic, ② a period of sexual traffic, and a large number of times, the period of sexual traffic is long, and most of the money up to KRW 10,000,000, which the victim was punished by sexual traffic, brought about the defendant and his accomplice, ③ the defendant was unable to receive a letter from the victim in the trial, and the damage is not recovered, ④ The defendant is also unable to recover, and ④ However, the part of the charges that the court below denied in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court, and ⑤ the defendant is only a part of the profits that the defendant acquired, and ⑤ the defendant is highly likely to have been forced to assault or engage in sexual traffic from non-party 2.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it has no reason to appeal.

3. Conclusion

All appeals filed by the defendant and prosecutor are dismissed. It is so decided as per Disposition.

Judges Park Jong-hee (Presiding Judge) (Presiding Judge)

Note 1) No appeal shall take effect without the consent of the father.