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TITLE | Supreme Court Decision 2015Do11696 Decided December 10, 2015¡¼Rape¡½ [full Text] |
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Summary | |
[1] Where it is determined that a prosecutor¡¯s grounds for appeal had not been examined through a substantive oral proceeding, whether an appellate court may accept the prosecutor¡¯s appeal and change the first instance judgment for a more unfavorable judgment against a defendant (negative) [2] Where a prosecutor did not state the grounds for appeal as to the convicted portion while appealing the entire judgment of the first instance court that rendered a partial guilty verdict and a partial non-guilty verdict, whether the appellate court may render a sentence heavier than that of the first instance court (negative) / Whether such legal principle is applicable to a case where the prosecutor¡¯s notice of appeal or the appellate brief asserting unfair sentencing as to the convicted portion was submitted within the statutory period but was not examined by a substantive oral proceeding (affirmative) |