Do 2014 Do 16348 A. Murder

(b) Murder;

A

Defendant

Attorney X (Korean Office Line)

Busan High Court (Chowon) Decision 2014 255 decided November 19, 2014

January 29, 2015

The appeal shall be dismissed.

The grounds of appeal (the statement of the grounds of appeal submitted after the lapse of the period for submitting a statement of grounds of appeal is within the scope that supplements the grounds of appeal) shall be determined.

Examining the reasoning of the judgment of the court below in light of evidence duly adopted by the first instance court which maintained the judgment of the court below, it is justifiable to determine that the part of the facts charged in the instant case among the facts charged on the grounds as stated in the judgment of the court below should be recognized as guilty on the ground of the same reasons as the judgment of the court below. On the ground of appeal, there is no illegality such as violating the logic and experience legal rules and misunderstanding of legal principles as to the crime of murder, or misunderstanding of legal principles as to the crime of homicide, which goes beyond the limit of the free evaluation of evidence, as alleged in the ground of appeal.

In addition, considering the following circumstances, comprehensively taking into account the Defendant’s age, character and conduct, intelligence and environment, records of the instant crime, motive, means and consequence of the instant crime, and circumstances after the commission of the crime, etc., it cannot be deemed that there is a significant reason to acknowledge that the amount of punishment of the lower court, which rendered a decision of 18 years imprisonment against the Defendant, was extremely unfair, even if considering the circumstances in which the Defendant asserted, was sentenced to imprisonment with prison labor for the Defendant.

In addition, the purport of the judgment of the court of first instance to the effect that there is a mistake or misunderstanding of the legal principles as to the mental and physical disability, and the argument as to the grounds for appeal by the defendant is asserted only for the grounds for appeal by the defendant, or for appeal by the court below's official authority. Thus, the appeal cannot be a legitimate ground for appeal.

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

The presiding judge

Justices Shin Young-chul

Note Justice Lee Sang-hoon

Justices Kim Chang-suk