2020Do10794 A. homicide

(b) Destruction of a corpse;

(c) Concealment of carcasses;

A

Defendant and Prosecutor

Attorney Kim Jae-sik (Korean)

Gwangju High Court Decision 2020No32 decided July 15, 2020

November 5, 2020

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

For the reasons indicated in its holding, the lower court convicted the victim C of murder, damage to body, and concealment of body. 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 inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the intent of murder

Examining various circumstances, such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means, and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the lower court’s sentence that sentenced the Defendant to imprisonment for life cannot be deemed extremely unfair even in light of the circumstances asserted by the Defendant.

2. As to the Prosecutor’s Grounds of Appeal

For the reasons indicated in its holding, the lower court acquitted the Defendant on the charge of murdering the victim G, deeming that there was no proof of crime. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

Although the prosecutor appealeds the entire judgment of the court below against the defendant, the prosecutor does not state in the petition of appeal or the appellate brief the grounds of objection against it.

3. Conclusion

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

Justices Kim Jong-soo

Justices Lee Ki-taik

Justices Park Jung-hwa

Justices Lee Dong-gu