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(영문) 대법원 2016.08.29 2016도9038

살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have found the Defendant guilty of all the charges of this case on the grounds stated in its reasoning, and it did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's argument about mental and physical weakness on the grounds as stated in its reasoning, and there is no error of law that did not recognize mental

B. Examining various circumstances, including the Defendant’s age, character and character, intelligence and environment, relationship with the victim, motive and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 25 years imprisonment with prison labor, is extremely unfair, even when considering the circumstances asserted by the Defendant and the national defense counsel.

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