Do 2016 Do 10122 A. homicide

(b) Intrusion upon residence;

A

Defendant

Attorney BF

Busan High Court (Chowon) Decision 2016-93 decided June 15, 2016

September 23, 2016

The appeal shall be dismissed.

The grounds of appeal are determined.

According to the record, the defendant appealed against the judgment of the court of first instance, and only asserted the unfair sentencing based on the grounds of appeal. In this case, the argument that the judgment of the court of first instance is erroneous by misapprehending the legal principles, or by failing to recognize the mental or physical loss of the defendant, is not a legitimate ground for appeal. Furthermore, even if examining the above, there is no illegality, such as the allegation of the grounds for appeal, in the judgment of the court of first instance.

In addition, considering the following circumstances in light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive and means of each of the instant crimes, the outcome thereof, and the circumstances after the commission of the crime, etc., even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed that there is a significant reason to recognize that the sentence of the first instance judgment, which sentenced the Defendant for 30 years imprisonment, is extremely unfair.

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

Justices Jo Hee-de

Note Justice Lee Sang-hoon

Justices Kim Chang-suk

Justices Park Sang-ok