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Cases
Do 2015 Do 19152 A. homicide
(b) Murder;
2015 order to attach 283 Doz. (Joint)
Defendant and the requester for an attachment order
A
Appellant
Defendant and the respondent for attachment order
Defense Counsel
Attorney R (Korean National Assembly)
Judgment of the lower court
Seoul High Court Decision 2015Do2684, 2015 Jeonno 249 decided November 26, 2015 (C)
Judgment
Imposition of Judgment
February 18, 2016
Text
all appeals shall be dismissed.
Reasons
The grounds of appeal are determined.
1. As to the defendant case
Examining the circumstances surrounding the age, character and conduct, intelligence, and environment of the person who requested the attachment order (hereinafter referred to as "defendant") and the victim, the relationship with the victim, and the motive and means of each of the instant crimes, as well as the consequence thereof, etc., as indicated in the records, such as the motive and means of each of the instant crimes, and the circumstances after the crime, etc., even if considering the circumstances in which the Defendant and his defense counsel asserted, it is extremely unfair to maintain the first instance judgment that sentenced the Defendant to imprisonment for a period of 30 years.
In addition, 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 argument that the defendant did not recognize the mental and physical disability of the original judgment is not a legitimate ground for appeal.
2. As to the case requiring attachment order
As long as Defendant 1 filed a final appeal as to the instant case, it is deemed that Defendant 2 also filed a final appeal as to the instant case for which the attachment order was requested. However, the final appeal does not contain any description of the grounds for appeal, and there is no description of the grounds for appeal as to the grounds for appeal.
3. Conclusion
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 Poe-young
Justices Kim Yong-deok
Justices Kim Shin-chul
Justices Kwon Soon-il