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(영문) 대법원 2019.08.09 2019도7904

강도살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of robbery, without failing to exhaust all necessary deliberations on the conviction of the instant facts charged, on the grounds as stated in its reasoning

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of the instant crime, etc., it cannot be deemed extremely unfair to maintain the judgment of the first instance which sentenced the Defendant to imprisonment for life even when considering the circumstances asserted in the grounds of appeal.

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