Do 2019 16462 Attempted murder (a recognized crime: homicide)

A

Defendant

Attorney Lee Jong-hoon (Korean)

Seoul High Court Decision 2019No1285 Decided October 31, 2019

January 16, 2020

The appeal shall be dismissed.

The grounds for appeal are determined.

For the reasons stated in the judgment below, the court below found the Defendant guilty of the facts charged in this case, and rejected the Defendant’s mental or physical weakness. Examining the reasoning of the judgment below in light of the relevant legal principles and evidence duly admitted, the court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the intention or defect of murder or mental or physical weakness.

In addition, examining various circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, and environment, relationship with the victim, motive, means, and consequence of the instant crime, and circumstances after the commission of the crime, even if considering the circumstances alleged on the grounds of appeal, it is extremely unfair to maintain the first instance judgment that sentenced the Defendant to 18 years imprisonment with prison labor against the Defendant. Therefore, the appeal shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jo Hee-de

Justices Kim Jae-hyung

Justices Min You-sook of the District Court

Justices Lee Dong-won