Cases
2018Do9762 Indecent Act by compulsion
Defendant
A person shall be appointed.
Appellant
Defendant
Defense Counsel
Law Firm B
C. Attorney C.
Judgment of the lower court
Suwon District Court Decision 2017No5992 Decided May 29, 2018
Imposition of Judgment
August 30, 2018
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just to reverse the judgment of the court of first instance that found the Defendant guilty of the facts charged of this case and to have sentenced the Defendant guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle
In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unfair
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Cho Jae-chul et al.
Justices Kim So-young
Justices Park Sang-ok
Justices Noh Jeong-hee