2016Do4951 homicide

A person shall be appointed.

Defendant

Attorney AU

Gwangju High Court ( Jeju) Decision 2015No113 Decided April 6, 2016

July 14, 2016

The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the probative value of indirect evidence, failing to exhaust all necessary deliberations, or by misapprehending the bounds of the principle of logic

In addition, comprehensively taking account of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, the means and consequence of the instant crime, and various circumstances that form the conditions for sentencing indicated in the records, such as the circumstances after the commission of the crime, it cannot be deemed that the lower court’s judgment that maintained the first instance judgment that sentenced the Defendant to 30 years of imprisonment is extremely unfair.

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

Justices Jo Hee-de

Justices Lee Sang-hoon

Justices Kim Jae-tae

Justices Park Sang-ok.