Main Issues
The case affirming the sentencing of the court below which sentenced the death penalty
Summary of Judgment
The case dismissing an appeal on the ground that the sentencing of the judgment of the court below which sentenced the death penalty on the defendant can be deemed appropriate in consideration of the circumstances asserted by the defendant, and that there is no substantial reason to recognize that it is extremely unfair, considering the character, conduct, motive and method of the crime, and the circumstances after the crime.
[Reference Provisions]
Articles 41 and 51 of the Criminal Act; Article 383 Subparag. 4 of the Criminal Procedure Act
Defendant
Defendant
Appellant
Defendant
Defense Counsel
Attorney Park Tae-chul
Judgment of the lower court
Seoul High Court Decision 95No2956 delivered on January 26, 1996
Text
The appeal is dismissed.
Reasons
The defendant and public defender's grounds of appeal are also examined.
According to the records, the defendant has a history of serving three times or more due to theft, etc., and two months after he was released from prison during the execution of protective custody measures, and the defendant prepared to steals his house during the crime, etc.; the victim's clothes, chests, necks, necks, etc. intrudes upon another person's house at the heart to kill the victim's house during robbery and rape; the victim's knife knife two knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif k, etc.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Chocheon-sung (Presiding Justice)