2015Do18255 homicide

A person shall be appointed.

Defendant

Attorney Z (National Vessel)

Seoul High Court Decision 2015No2428 Decided November 12, 2015

January 28, 2016

The appeal is dismissed.

The grounds of appeal are examined.

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its holding, and there was no violation of the principle of free evaluation of evidence against logical and empirical rules without conducting necessary hearings.

In addition, considering the following circumstances, comprehensively taking into account the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of each of the instant crimes, and the circumstances after the commission of the crime, etc., the lower court’s sentence that maintained the first instance court’s sentence that sentenced the Defendant to 20 years imprisonment with prison labor cannot be deemed to be extremely unfair even when taking into account the circumstances asserted by the 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 Kwon Soon-il

Justices Kim Yong-deok

Justices Park Poe-young

Justices Kim Jae-han