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(영문) 대법원 2020.02.27 2019도18336

살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the facts charged of this case and rejected the Defendant’s claim of mental disability.

The judgment below

Examining the reasoning in light of the record, 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, or by misapprehending the legal doctrine on mental

In addition, examining various circumstances, such as the Defendant’s age, character, intelligence and environment, relationship with the victim, motive and consequence of each of the instant crimes, and circumstances after the crime, etc., it is extremely unfair to maintain the judgment of the first instance court that sentenced 25 years to the Defendant, 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.