강도살인·강도상해·현주건조물방화·사체손괴·절도미수·도로교통법위반(음주운전)·도로교통법위반(무면허운전)·아,도로교통법위반·부착명령
2019Do15755 A. Robberys
(b) Injury by robbery;
(c) Finding buildings and fire prevention;
(d) Destruction of a corpse;
(e) Attempted larceny;
(f) Violation of the Road Traffic Act;
(g) Violation of the Road Traffic Act;
H. Violation of the Road Traffic Act
2019 Jeondo141 (Joint Attachment Orders)
A
Defendant and the respondent for attachment order
Attorney Lee Jae-il (Korean)
Gwangju High Court Decision 2019Do292, 2019 Jeonno34 (Consolidated) decided October 10, 2019;
2019 Bono5 (Joint Judgment)
December 27, 2019
All appeals shall be dismissed.
The grounds for appeal are determined.
1. The argument that the lower court’s determination on the sentencing of the Defendant B constitutes an unlawful allegation in the final judgment. However, considering the various circumstances, including the age, character, and environment of the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”), relationship with the victim, motive and means of each of the instant crimes, the outcome of each of the instant crimes, and the circumstances after the crime, it cannot be deemed that maintaining the first instance judgment against the Defendant, even if considering the circumstances asserted in the grounds of appeal, it is extremely unfair to maintain the first instance judgment that sentenced the Defendant, including 30 years imprisonment, etc.
2. As to the request for attachment order
In the event that a final appeal is filed against the Defendant’s instant case, the filing of a final appeal is deemed to have been filed. However, the grounds for final appeal are not indicated in the petition of final appeal, and the appellate brief does not contain any indication of the grounds for appeal.
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 Sang-ok
Justices Ansan-chul
Jeju High Court Decision 201No. 50
Justices Kim Jong-hwan