2020Do725 (a) Violence

(b) Injury;

1. A;

2. A. B

Defendants

Attorney Yoon Woo (for the defendant B)

Seoul Southern District Court Decision 2018No1094 Decided December 19, 2019

March 27, 2020

All appeals are dismissed.

The grounds of appeal are examined.

1. Judgment on Defendant A’s grounds of appeal

For the reasons indicated in its holding, the lower court convicted Defendant A of the facts charged. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, misapprehending the legal doctrine on the specification of the facts charged, or by omitting reasoning or determination

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing shall be allowed. In this case where a more minor sentence has been imposed against Defendant A, the argument that the punishment is too unreasonable is not a legitimate ground for

2. Judgment on Defendant B’s grounds of appeal

For the reasons indicated in its reasoning, the lower court convicted Defendant B of the facts charged. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine

The argument that the lower court’s judgment contains an error of deviation from discretion in sentencing constitutes an allegation of unfair sentencing. However, as seen earlier, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal on the ground of unfair sentencing is allowed. In this case where Defendant B’s minor punishment was pronounced, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

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 Lee Dong-won

Justices Kim Jong-il

Justices Park Il-san

Justices Kim In-bok, Counsel for the defendant