
Legal Q&A
Q
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I was accused of committing quasi-rape while intoxicated, and out of a feeling that I was wronged and confident in myself, I responded to the case on my own. As a result, in the first-instance trial I received a suspended prison sentence, and I cannot accept this. I did not commit rape, so how can I be sentenced to imprisonment for rape? I feel so wronged that I cannot even sleep, and I wish to respond together with an attorney. Through a criminal case appeal, I intend to pursue the criminal appeal procedure and obtain a result I need not be ashamed of. What should I do to file a criminal case appeal for a sex offense?
Criminal case appeal
Criminal appeal
Answer
Published:
Author : DongIl PARK
If you cannot accept the first-instance result, you can respond through a criminal case appeal.
A criminal case appeal allows you, when you are dissatisfied with a judgment rendered by a lower court, to apply to a higher court for its reversal or modification.
Appeal to the appellate court: you may newly present evidence and arguments that you were unable to submit in the first instance.
Final appeal to the Supreme Court: dissatisfied with the second-instance court's judgment, you request a trial before the Supreme Court, which addresses the interpretation and application of the law.
Depending on the client's case, an appeal can be filed where there is a violation of a law or order that affected the judgment, where the facts were mistakenly assessed, or where there are grounds to find that the determination of the sentence was improper.
However, the period for filing an appeal or a final appeal against the result of a criminal trial is within 7 days from the date on which the judgment is pronounced.
Unlike civil litigation, this is unrelated to the date of service, and the period is short.
Public holidays and Saturdays are also included in the appeal-filing period. If you do not file an appeal within these 7 days, the sentence becomes final, so if you wish to contest the judgment of the court below, you should prepare promptly.
In criminal proceedings, there is a principle that, where the prosecutor has not appealed and only the defendant has appealed, the appellate court cannot impose on the defendant a sentence heavier than that of the judgment below.
If your assigned prosecutor considers the suspended prison sentence for quasi-rape to be too light, the prosecutor will also appeal, and in that case you must be mindful that the principle of prohibition of disadvantageous alteration does not apply.
We hope you will proceed with your criminal appeal through a consultation with a criminal attorney who can review the result of the court below once again.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

YoungKon CHO
T. 070-7510-2014
Experience as Head of the Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/Sex Crimes/Drugs
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