Murder (the name of a recognized crime: Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury))

(b) Fraud;

Defendant

Prosecutor

Law Firm LLC et al.

Supreme Court Decision 2017Do1549 Decided May 30, 2017

Daejeon High Court Decision 2017No202 Decided August 10, 2020

March 11, 2021

The appeal is dismissed.

The grounds of appeal are examined.

The lower court determined that the instant accident was proven to the extent that there is no reasonable doubt as to the Defendant’s intent to commit murder, on the grounds stated in its reasoning, after undergoing additional examination and examination of evidence regarding the matters pointed out as the grounds for reversal. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine, in light of the relevant legal principles and records.

Although a prosecutor stated in the petition of appeal that the sentence against the guilty portion is too unjustifiable, a prosecutor may not claim as the ground of appeal that the amount of punishment imposed by the court below is less severe (see, e.g., Supreme Court Decision 2005Do1952, Sept. 15, 2005) in the interpretation of Article 383 subparag. 4 of the Criminal Procedure Act.

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

Justices Park Sang-ok

Justices Noh Jeong-chul

Chief Justice Noh Jeong-hee

Justices Kim In-bok