Cases
2015Do13566 Bodiis
Defendant
A person shall be appointed.
Appellant
Defendant
Defense Counsel
Attorney L (Korean national ship)
Judgment of the lower court
Seoul Central District Court Decision 2014Do4834 Decided August 20, 2015
Imposition of Judgment
April 29, 2016
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is acceptable.
In particular, considering the fact that the first instance court directly heard the statements of victims and witnesses and recognized their credibility, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal doctrine on justifiable acts of Article 20 of the Criminal Act, contrary to what is alleged in the grounds of appeal.
Therefore, the appeal is dismissed by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jae-young
Justices Kim Shin -
Chief Justice Park Poe-dae
Justices Park Young-young
Justices Kwon Soon-il