(b) Murder;

Attorney G.

In light of the record, it is just that the court below found the defendant guilty of attempted murder of the victim M and K among the facts charged in this case for the same reasons as in the judgment of the court below, and rejected the defendant's assertion on mental and physical disability. It is reasonable that the defendant violated the logic and experience rules, such as the allegation on the grounds of appeal, and it is not illegal, such as erroneous recognition of facts or misunderstanding of the legal principles on mental and physical disability.

Meanwhile, the assertion of the purport that there is a mistake of facts or an illegality in violation of the sentencing standard as to the circumstances affecting the sentencing in the judgment of the original court is ultimately attributable to an unfair argument for sentencing. However, considering the various circumstances that raise the conditions for sentencing as indicated in the records, such as Defendant’s age, character and behavior, intelligence and environment, victim’s relation, motive, means and consequence of the crime, and circumstances after the crime, etc., even if considering the circumstances in which Defendant’s defense counsel presented this assertion, it cannot be deemed that there is a substantial reason to acknowledge that the determination of the punishment of the original court that maintained the first instance court, which sentenced Defendant 23 years imprisonment with prison labor, is extremely unfair.

Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.

Jeju High Court Justice Yang Chang-soo

[Attachment-dae]

Justices Kim Chang-suk