beta
(영문) 대법원 2015.02.12 2014도17254

살인미수등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the Defendant was guilty of all of the charges of murder attempted and the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.). In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the argument of the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") on the mental and physical disorder, and there is no error in the judgment below.

In addition, considering various circumstances, such as the Defendant’s age, character, intelligence and environment, relationship with victims, motive and consequence of each of the instant crimes, and the circumstances after the crime, the determination of the lower court’s sentence that sentenced the Defendant to 10 years of imprisonment with prison labor cannot be deemed extremely unfair even when considering the circumstances asserted by the Defendant and the defense counsel.

2. With respect to the case of the request for attachment order, the Defendant filed a final appeal regarding the case of the request for attachment order, but did not submit any objection thereto.

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