2018Do20425 Attempted coercion by hostage, and invasion upon a special structure

A person shall be appointed.

Defendant

Attorneys Kim J-hee (Korean National Assembly Line)

Seoul High Court Decision 2018No2511 Decided December 12, 2018

February 28, 2019

The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's assertion on mental and physical disability, and there is no error of law by mistake of facts and misapprehension of legal principles as to mental and physical disability as alleged in

In addition, the argument that there was an error of mistake of facts and misapprehension of legal principles in the judgment of sentencing constitutes an allegation of unfair sentencing. However, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed. In this case where a more minor sentence is imposed on the defendant, the argument that the sentence is too unreasonable

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

Justices Kim Jae-hyung

Justices Cho Jong-hee

Justices Min Min-young

Justices Lee In-bok and Lee Dong-won