2019Do499 Modern Building and Fire Prevention

A person shall be appointed.

Defendant

Law Firm Persons and Persons

[Defendant-Appellant]

Gwangju High Court Decision 2018Do316 Decided December 13, 2018

April 3, 2019

The appeal is dismissed.

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court found the Defendant guilty of the instant facts charged and did not accept the Defendant’s mental and physical assertion. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of death or death

Meanwhile, examining various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the lower court, which upheld the first instance judgment that sentenced the Defendant to 20 years of imprisonment, is too unreasonable even when considering the circumstances asserted in the grounds of appeal.

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

Justices Park Jung-hwa

Justices Kwon Soon-il

Justices Lee Dong-won

Justices Kim Gin-soo