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(영문) 대법원 2014.08.28 2014도6654

살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal as to the crime of murder in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in finding the Defendant guilty of murder among the facts charged in this case on the grounds as stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence,

2. Examining the grounds of appeal on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) in light of the evidence duly admitted by the court of first instance, which the court below maintained the reasoning of the judgment below, the court below was just in finding the defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on facts contrary to logical

3. In full view of the Defendant’s age, character, intelligence and environment, and motive and consequence of each of the instant crimes, as to the grounds of appeal on unreasonable sentencing, the determination of the lower court’s sentence, which maintained the first instance judgment that sentenced the Defendant to 13 years of imprisonment, cannot be deemed to be extremely unfair.

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