beta
(영문) 대법원 2020.01.30 2019도16934

존속살해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined guilty of the facts charged of this case and did not recognize mental and physical disorder.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the legal doctrine regarding the establishment of the crime of genocide and the mental and physical disorder, or omitting necessary

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 that the lower court maintained the first instance judgment that sentenced the Defendant to 25 years of imprisonment, even if 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.