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(영문) 대법원 2017.10.26 2017도12237

살인등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable to maintain the first instance judgment convicting the Defendant of the instant facts charged on the grounds 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 and empirical rules, or by misapprehending the legal doctrine on the defense of a political party without exhausting all necessary deliberations as alleged in the grounds of appeal

In addition, according to various circumstances, including the age, criminal record, sexual conduct, environment, relationship with the victim, motive and consequence of the crime of this case, and the circumstances after the crime, etc. of the defendant and the person who requested the attachment order (hereinafter “the defendant”), there is a substantial reason to recognize that the amount of the sentence of the court below, which maintained the first instance judgment that sentenced the defendant to 20 years of imprisonment, is extremely unfair even if considering the circumstances asserted by the defendant and the defense counsel, is considered.

subsection (b) of this section.

2. As to the case for which a request to attach an attachment order is filed, if the defendant files a final appeal against the defendant's case, the appeal shall be deemed filed regarding the attachment order case.

However, there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition of appeal.

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