가.성폭력범죄의처벌등에관한특례법위반(강간등살인)나.사체오욕다.사체손괴라.사체유기부착명령
A. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)
(b) A carcass;
(c) Destruction of carcasses;
(d) Abandoning;
2014 Jeondo132(Consolidated) Orders to attach
A
Defendant and the respondent for attachment order
Attorney AH
Seoul High Court Decision 2014No244, 2014 Jeonno40 (Consolidated) Decided May 16, 2014
August 20, 2014
The appeal is dismissed.
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of all the facts charged of the instant case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence
In addition, considering various circumstances, including the age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc. of the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant"), the determination of the sentence of the court below that sentenced the defendant to imprisonment for life is extremely inappropriate even when considering the circumstances alleged by the defendant.
2. As to the case of the request for attachment order
As long as the defendant filed an appeal against the accused case, the appeal is deemed to have been filed regarding the case claiming an attachment order. However, there is no entry of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal is found even in the appellate brief.
3. Conclusion
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Cho Jong-hee
Justices Yang Chang-soo
The Chief Justice Park Jae-young
Justices Kim Jae-tae