2020Do2235 (a) Murder

(b) Special serious injury;

(c) Fraud;

(d) Injury;

(e) Special assault;

A

Defendant

Law Firm Dasan

Attorney Kim Li-kin and Lee Dong-hee

Gwangju High Court Decision 2019No87 Decided January 29, 2020

May 14, 2020

The appeal shall be dismissed.

The grounds for appeal are determined.

The lower court affirmed the first instance judgment convicting of the instant facts charged on the grounds as indicated in the judgment. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, 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 legal doctrine on murder and fraud, the establishment of a crime of special serious injury, the victim’s consent, and the admissibility of evidence, etc.

In addition, the argument that the sentencing grounds favorable to the defendant are not properly considered in the judgment of the original court, or that there is an error in applying the sentencing guidelines, is ultimately an unfair argument for sentencing. However, the terms and conditions of sentencing indicated in the records, such as the defendant's age, sex, environment, relationship with victims, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc.

Examining the various circumstances in the grounds of appeal, even if the circumstances alleged in the grounds of appeal are considered, it is extremely unfair to maintain the judgment of the court of first instance that sentenced the defendant to 30 years of imprisonment with labor for the defendant.

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

Justices Kwon Soon-il

Justices Lee Ki-taik

Justices Park Jung-hwa-hwa

Justices Kim Jong-soo