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(영문) 대법원 2018.06.19 2018도4646

살인

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Examining the circumstances revealed in the record, such as the background leading up to the instant crime, method of commission of the crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

Therefore, it is difficult to view the lower court’s rejection of the Defendant’s assertion on the mental and physical disorder on its grounds as stated in its reasoning, and there is no error by misapprehending the legal doctrine on mental and physical disorder.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age character and character environment, relationship with the victim, motive, means and consequence of each of the instant crimes, the circumstances after the crime, etc., it cannot be said that the lower court reverses the judgment of the first instance court that sentenced the Defendant 14 years to imprisonment with prison labor and sentenced the Defendant for a period of 20 years, even when considering the circumstances

On the other hand, if a judgment of conviction against the defendant becomes final and conclusive, the argument that the execution of punishment should be made in the parent country in accordance with the law of transfer of international prisoners is not applicable to the grounds for appeal as provided by Article 383 of the Criminal Procedure Act, and thus, the law is in

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