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(영문) 대법원 2020.01.30 2019도17035

살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the attempted murder charge.

The judgment below

Examining the reasoning in light of the relevant legal principles 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 the intent of murder, without exhaust all necessary deliberations.

The assertion that the investigation procedure of this case is unlawful is not a legitimate ground for appeal since the defendant asserted that it was not the ground for appeal or that the court below did not consider it as the object of judgment ex officio.

In addition, even if the record is examined, it cannot be said that there were errors as alleged in the grounds of appeal.

Examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with victims, motive, means and consequence of each of the instant crimes, etc., it cannot be deemed extremely unfair to maintain the first instance judgment that sentenced the Defendant to 25 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

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