2013Do11237 A. homicide

(b) Violation of the Act on the Control of Narcotics, etc.;

A

Defendant

Attorney B (Korean National Assembly)

Seoul High Court Decision 2013No1855 Decided September 6, 2013

December 12, 2013

The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of murder among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

In addition, examining various circumstances that form the conditions for sentencing indicated in the records, such as the Defendant’s age, character, conduct and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for a period of 20 years cannot be deemed extremely unfair even when considering the circumstances asserted by a state appointed defense counsel.

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

Justices Park Poe-young

Justices Min Il-young

Justices Lee In-bok

Justices Kim Jae-han