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(영문) 대법원 2015.11.26 2015도15268

살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (excluding the part of acquittal in the reasoning) against the victim F Co., Ltd. among the facts charged in the instant case on the grounds as stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal,

2. Examining the following circumstances: the Defendant’s age and behavior environment, relationship with victims, motive means and consequence of each of the instant crimes, and the circumstances after committing the crime, etc., the determination of the lower court’s imprisonment with prison labor for not less than 30 years cannot be deemed to be extremely unfair.

3. The argument that the lower court erred by misapprehending the legal principles as to the fraud of murder, abandonment of dead bodies, general automobile fire prevention, victim P, R, and Q from among the facts charged in the instant case is not a legitimate ground for appeal, since the Defendant’s assertion that it was the ground for appeal or that the lower court did not consider it as being subject to an ex officio decision was made in the final appeal.

4. According to the records, the defendant appealed against the judgment of the court of first instance, and asserted that there was an error of misconception of facts as to the victim E's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in the instant case as the grounds for appeal, but withdrawn the allegation of the grounds for appeal of mistake of facts on the fifth trial

In such a case, the argument that the court below erred by mistake or misapprehension of the legal principle as to the victim E's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is legitimate among the facts charged in this case.