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Cases
Do 2019 10431 (a) A. Abandonment of a dead body
(b) Destruction of carcasses;
(c) a dead bath;
(d) Habitual assault;
(e) Name of the crime recognized as murder (name of the crime: Death or injury);
(f) Injury;
(g) A special injury;
(h) Violation of the Act on Punishment of Violence, Etc. (joint assault);
(i) Violence;
(j) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of Persons with Disabilities);
(k) Violation of the Military Service Act
Defendant
1. (a) b. c. d. f.
B
2. (a)(b)(e)(g)(k);
C
Appellant
Defendant 1
Defense Counsel
Attorney Choi Young-young (Korean National Assembly for all of the defendants)
Judgment of the lower court
Gwangju High Court ( Jeonju) Decision 2019Do3 decided June 25, 2019
Imposition of Judgment
October 18, 2019
Text
all appeals shall be dismissed.
Reasons
The grounds of appeal are determined.
According to the record, the defendant appealed against the judgment of the court of first instance, and only asserted the unfair sentencing on the grounds of appeal. In such a case, the defendant's assertion that the judgment of the court of first instance was unlawful in misunderstanding the legal principles as to the establishment of the crime of death or injury in the course of the judgment of the court of first instance cannot be a legitimate ground for appeal.
In addition, considering the following circumstances, considering the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, the motive, means, and consequence of the instant crime, and the circumstances after the crime, etc., the sentence of imprisonment with prison labor for 11 years and 16 years against Defendant C cannot be deemed significantly unfair, even if considering the circumstances alleged in the grounds of appeal on the grounds of appeal, it cannot be said that the lower court sentenced Defendant B to imprisonment with prison labor for 11 years and 16 years against Defendant C.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jae-young
Justices Park Jung-hwa
Justices Kwon Soon-il
Justices Lee Ki-taik
Justices Kim Jong-soo