살인등
All appeals are dismissed.
The grounds of appeal are examined.
1. According to the records on the Defendant’s case, the Defendant and the person who requested the attachment order (hereinafter “Defendant”) filed an appeal against the judgment of the first instance, and asserted the error of fact, misunderstanding of legal principles, and lack of trial deliberation on the grounds of appeal, as well as unfair sentencing on the grounds of appeal, but revoked all the remaining grounds for appeal except unfair sentencing on the second trial date of the lower court.
In such a case, the argument that the lower court erred by mistake of fact, misunderstanding of legal principles, hearing failure, etc. is not a legitimate ground for appeal.
In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age character and character, intelligence and environment, relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., the determination of the lower court’s punishment that maintained the first instance judgment that sentenced the Defendant to imprisonment with prison labor cannot be deemed extremely unfair, even when considering the circumstances alleged in the grounds of appeal.
2. As to the case for which a request for attachment order is filed, if the defendant filed a final appeal against the defendant's case, the appeal is deemed to have been filed regarding the attachment order case, but the reason for the final appeal is not stated in the petition of final appeal, and the reason for the final appeal is not stated
3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.