2015Do18719 homicide

A person shall be appointed.

Defendant

Attorney L

Daejeon High Court Decision 2015Do370 decided November 6, 2015

January 28, 2016

The appeal is dismissed.

The grounds of appeal are examined.

Examining the record, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine regarding

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, character, conduct and environment, relationship with the victim, motive, means and consequence of the instant crime, and the circumstances after the crime, the determination of the lower court’s sentence that sentenced 35 years of imprisonment to the Defendant cannot be deemed extremely unfair even in light of the circumstances asserted in the grounds of appeal.

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

Justices Lee Sang-hoon

Justices Kim Jae-tae

Jeju High Court Justice Jo Hee-de -

Justices Park Sang-ok