beta
(영문) 대법원 2016.05.12 2016도3760

살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, found all of the facts charged of this case guilty.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court did not err by misapprehending the legal doctrine on intentional murder, etc. as alleged in the grounds of appeal.

In addition, the argument that the court below erred by misapprehending the legal principles on mental and physical disorder is not a legitimate ground for appeal, and even after examining records, there is no error of law as alleged above in the judgment of the court below.

B. Examining various circumstances, including the Defendant’s age and character environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the instant crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to a punishment of KRW 15 years imprisonment and a fine of KRW 400,000, cannot be deemed as extremely unfair, even if considering the circumstances asserted by the Defendant and his defense counsel. Thus, the allegation of the grounds for appeal as to this cannot be accepted.

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