Cases
2016Do1111 homicide, destruction of or damage to a corpse, abandonment of a corpse
Defendant
A person shall be appointed.
Appellant
Defendant
Defense Counsel
Attorneys CA (Law No. 1000,00)
Judgment of the lower court
Seoul High Court Decision 2015No2176 Decided December 29, 2015
Imposition of Judgment
March 24, 2016
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no error in the misapprehension of legal principles
In addition, examining various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and progress of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s maintenance of the first instance judgment that sentenced the Defendant to 30 years of imprisonment is extremely unfair.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Park Sang-ok
Justices Lee Sang-hoon
Justices Kim Chang-suk
Justices Cho Jong-hee