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(영문) 대법원 2012.08.23 2012도7126

성폭력범죄의처벌등에관한특례법위반(강간등살인)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s judgment that found the Defendant guilty of murder among the primary facts charged of the instant case on the grounds stated in its reasoning is justifiable, and there was no error exceeding the bounds of the principle of free evaluation of evidence

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no error of misconception of facts or misapprehension of legal principles as to mental and physical disability

In addition, considering various circumstances, such as the Defendant’s age, character and conduct, relationship with the victim, motive, means and consequence of the instant crime, circumstances after the crime, and criminal records, the determination of the lower court’s sentence that sentenced the Defendant to imprisonment with prison labor for a period of 10 years cannot be deemed extremely unfair even when considering the circumstances alleged by the Defendant.

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