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The defendant's appeal is dismissed.
Reasons
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the defendant, and regarding the case of the case of the attachment order, the court below, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the part of the case of the attachment order shall be excluded from the scope of the judgment of the court.
2. Summary of reasons for appeal;
A. The Defendant, while finding the victim in order to borrow money at the time of the instant case, killed the victim as a result of an insult, and subsequently, did not have the intent of taking the victim’s house at the time of committing murder, as a result, there was no intention of taking the victim’s house at the time of committing murder.
Nevertheless, the judgment of the court below that convicted the murder charge of robbery of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing is too unreasonable.
3. Determination
A. In a case where there are no new objective grounds that could affect the formation of a conviction during the appellate court’s trial process of the appellate court’s determination of a factual mistake, and there are no reasonable grounds to deem that the determination of the value of evidence for the first instance was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, the determination on the acknowledgement of facts in the first instance shall not be arbitrarily reversed (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant asserted that this part of the grounds for appeal are the same, and the lower court rejected the said assertion in detail in the “determination on the assertion of the Defendant and his defense counsel” of the said judgment.
The judgment of the court below is based on evidence.