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(영문) 대법원 2020.1.30.선고 2019도16932 판결

강도살인·사체손괴·사체유기·부착명령

Cases

2019Do16932 A. Robberys

(b) Destruction of a corpse;

(c) Abandonment of a corpse;

2019 Jeondo148 (Joint Attachment Orders)

Defendant and the requester for an attachment order

A

Appellant

Defendant and the respondent for attachment order

Defense Counsel

Attorney Kim Jong-soo (Korean National Assembly Line)

Judgment of the lower court

Suwon High Court Decision 2019No344, 2019 Jeonno16 (Consolidated) decided October 31, 2019

Judgment

Imposition of Judgment

January 30, 2020

Text

All appeals shall be dismissed.

Reasons

The grounds for appeal are determined.

1. On the grounds as indicated in the lower judgment, the lower court found Defendant B guilty of the robbery part among the facts charged in the instant case and did not recognize the body and body head. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of robbery.

In addition, considering the circumstances asserted in the grounds of appeal, it is extremely unfair to maintain the first instance judgment that sentenced the Defendant to life imprisonment, etc., even if considering the circumstances alleged in the grounds of appeal, it cannot be said that it is extremely unfair to maintain the first instance judgment that sentenced the Defendant to life imprisonment.

2. As to the request for attachment order

In the event a final appeal is filed against the Defendant’s instant case, the filing of a final appeal is deemed to have been filed with respect to the claim for attachment order. However, there is no indication of the grounds for final appeal in the petition of final appeal, and there is no indication of the grounds for final

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 Park Jae-young

Justices Park Sang-ok

Justices Ansan-chul

Jeju High Court Decision 201No. 50

Justices Kim Jong-hwan

심급 사건
-수원지방법원여주지원 2019.8.8.선고 2019고합35