beta
Cases
2014Do6891 Injury, etc.
Defendant
A person shall be appointed.
Appellant
Defendant
Defense Counsel
Attorney AD (National Ship)
B Law Firm (Attorneys AE, AF, AG, C, and AH)
Judgment of the lower court
Seoul High Court Decision 2014No88 Decided May 23, 2014
Imposition of Judgment
September 24, 2014
Text
The appeal is dismissed.
Reasons
The grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed) are examined.
Examining the circumstances indicated in the record, such as the background leading up to the instant crime, method of crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, it is recognized that the Defendant was not in a state of mental disorder at the time of the instant crime, and that the lower court did not err in recognizing mental and physical disorder.
Furthermore, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable cannot
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Park Poe-young
Justices Min Il-young
Justices Kim Jae-han