2020Do1008 homicide

A

Defendant

Attorney Kim Tae-young (National Ship)

Busan High Court Decision 2019501, 2019 Jeonno39 (Consolidated) Decided January 8, 2020

Judgment

o2, 2020

The appeal shall be dismissed.

The grounds for appeal are determined.

According to the record, the Defendant, while filing an appeal against the judgment of the first instance, can be aware that the Defendant asserted only unfair sentencing for reasons of appeal. In such a case, the Defendant’s assertion that the Defendant was in a state of mental disorder at the time of committing the crime cannot be a legitimate ground of appeal.

In addition, the argument that there is an error of law by misunderstanding the legal principles as to the two-year sentence in the original judgment and exceeding the limit of the sentencing discretion constitutes an allegation of unfair sentencing. Examining various circumstances, such as the Defendant’s age, sex, environment, relationship with the victim, motive, means, and consequence of the instant crime, and the circumstances after the crime, etc., as indicated in the record, it cannot be said that maintaining the judgment of the first instance court that sentenced the Defendant to imprisonment with labor for 12 years, etc. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ansan-chul

Justices Park Sang-ok

Justices Noh Jeong-hee

Justices Kim Jae-hwan of the District Court