Do 2014 Do 11970 A. homicide

(b) A dead abandonment;

B

Defendant

Attorney AC (National Election)

Gwangju High Court ( Jeonju) Decision 2014No 108 decided August 26, 2014

November 2014, 13

The appeal shall be dismissed.

The grounds of appeal are determined.

Examining the reasoning of the original judgment in light of the evidence duly adopted by the original judgment, it is reasonable to determine that the facts charged in this case are recognized as guilty on the grounds as stated in the judgment of the original court on the grounds as indicated in the judgment of the original court. In this regard, the lower court did not err by misapprehending the legal principles on common principals, or by misapprehending the legal principles on common principals, by violating the rules of logic and experience as alleged in the grounds of appeal.

In addition, examining the reasoning of the original judgment in light of the record, it is reasonable to reject Defendant’s assertion on mental and physical weakness on the grounds of the same circumstance as the judgment of the court below in this judgment, and at the same time, there is no error of misapprehension of the legal principles or misconception of the facts about the mental and physical weakness, such as the allegation of the grounds of appeal.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been sentenced, a final appeal for the reason of unfair sentencing is allowed. Thus, the argument that the Defendant’s judgment of punishment is unfair in the instant case where he was sentenced to a more minor punishment cannot be a legitimate ground for final appeal.

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

Justices Shin Young-chul

Justices Lee Sang-hoon

Justices Kim Chang-suk

Justices Jo Hee-de