2019Do1870 A. homicide

(b) A violation of the Road Traffic Act;

A person shall be appointed.

Defendant and Prosecutor

Attorney Lee Jin-hoon (Korean National Assembly Election)

Attorney Choi Choi-hoon

Gwangju High Court Decision 2018No326 decided January 10, 2019

September 9, 2019

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Prosecutor’s Grounds of Appeal

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant of murder among the facts charged in this case, and sentenced the Defendant not guilty. Examining the reasoning of the lower judgment in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, misapprehending the legal doctrine on the demand for changes in indictment and the duty to recognize the reduction in indictment

2. As to the Defendant’s ground of appeal

The argument that the lower court erred by failing to exhaust all necessary deliberations on the sentencing, and by failing to exhaust all necessary deliberations, and by violating the principle of balance between crimes and the principle of responsibility falls under the assertion of unfair sentencing. However, pursuant to Article 383 Subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the argument that the sentencing

3. Conclusion

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

Justices Kim Jong-hwan

Justices Park Sang-ok

Lee In-bok and Lee In-chul

Justices Noh Jeong-hee