2020Do950 A. Robberys

(b) Attempted robbery;

(c) Murder reserve;

(d) Fraud;

(e) Violation of the Specialized Credit Finance Business Act;

1. B

2. A;

Defendants

Attorney Kim Hyun-sik (the national election for the defendant B)

Attorney Lee Chang-soo (for the defendant A)

Daejeon High Court Decision 2019No331 Decided December 27, 2019

April 9, 2020

All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to Defendant B

For the reasons indicated in its holding, the lower court convicted Defendant B of the instant 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 against logical and empirical rules, or by misapprehending the legal doctrine on

Examining various circumstances, including Defendant B’s age, character and conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s sentencing that sentenced life imprisonment is extremely unfair even when considering the circumstances asserted in the grounds of appeal.

2. As to Defendant A

For the reasons indicated in its holding, the lower court convicted Defendant A of the instant 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 misapprehending the legal doctrine regarding robbery’s intentional act, conspiracy, co-principal, and coercion.

Examining various circumstances, including Defendant A’s age, character and conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentencing of the lower court, which sentenced 40 years of imprisonment, is extremely unfair even when considering the circumstances asserted in the grounds of 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.

The presiding judge shall keep the record of the Justice

Justices Lee Dong-won

Justices Park Jong-young

Justices Kim Gin-soo