강도살인
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the Defendant’s grounds of appeal in light of the relevant legal principles, the lower court is justifiable to have found the Defendant guilty of the instant facts charged (excluding the part not guilty in the grounds of appeal), and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine as to the possibility of death
In addition, considering various circumstances, such as the Defendant’s age, behavior intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for a period of ten years is extremely unfair even when considering the circumstances asserted by a state appointed defense counsel.
2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have determined not guilty on the charge of robbery among the facts charged in the instant case on the grounds stated in its reasoning, on the ground that there was no proof of the relevant crime. In so doing, contrary to what is alleged in the grounds 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.