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Cases
2015Do17521 Murder (a recognized crime: Bodily Injury on Lineal Ascendant; Death on Lineal Ascendant); abandonment of a corpse
2015do40 (Joint Medical Treatment and Custody)
Paryaryary
Applicant for Medical Treatment and Custody
A person shall be appointed.
Appellant
Defendant and Applicant for Medical Treatment and Custody
Defense Counsel
Attorney K (Korean National Assembly Line)
Judgment of the lower court
Daegu High Court Decision 2015No416, 2015No15 decided October 29, 2015 (Joint)
Judgment
Imposition of Judgment
February 18, 2016
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Defendant case
Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that all of the charges of this case (excluding the part on acquittal of reasoning) were guilty on the grounds as stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical
Furthermore, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing is allowed only when a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years is imposed. In this case where a more minor sentence is imposed on a defendant and an applicant for medical care and custody (hereinafter referred to as "defendant") and a minor sentence is imposed, the argument that the amount of punishment is unreasonable is not a legitimate
2. As to the medical treatment and custody claim
When a defendant files an appeal against a prosecuted case, the appeal is deemed to have been filed regarding the medical treatment and custody claim. However, the appellate brief does not state the grounds for appeal in the petition of appeal and does not state 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 on the bench.
Justices Park Jae-young
Justices Lee Sang-hoon
Justices Kim Jae-tae
Note 1 Justice Jo Hee-de
Justices Park Sang-ok