가.살인나.살인미수다.특수공무집행방해라.총포·도검·화약류등의안전관리에관한법률위반마.특정범죄자에대한보호관찰및전자장치부착등에관한법률위반바.폭력행위등처벌에관한법률위반(우범자)
2018Do13686(a) homicide
(b) homicide;
C. Special obstruction of performance
(d) Violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.;
E. Probation and attachment of an electronic device against a specific criminal suspect
Violation of the Act
(f) Violation of the Punishment of Violences, etc. Act;
A
Defendant
Attorney B Q (National Ship)
Seoul High Court Decision 2017No1485 Decided August 16, 2018
December 28, 2018
The appeal is dismissed.
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, it did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
On the other hand, the argument that since the crime of murder is not provided for in the Punishment of Violences, etc. Act, the defendant cannot be punished as a crime of violating the Punishment of Violences, etc. Act.
However, the argument that the defendant's act constitutes a legitimate act or self-defense is not a legitimate ground for appeal since the defendant's act is not a ground for appeal or the court below's decision is not subject to judgment ex officio.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Jae-soo
Justices Kim Jong-il
Chief Justice Lee Dong-won
Justices Park Il-san