beta
(영문) 대법원 2018.09.28 2018도11775

강간등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, it is justifiable for the lower court to have maintained the first instance judgment convicting the Defendant of the instant facts charged on the grounds stated in its reasoning.

In addition, there is no error of law such as misunderstanding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules or violating the principle of trial of evidence in criminal proceedings without making all necessary deliberation as alleged in the grounds of appeal.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and character environment, relationship with victims, motive, means and consequence of each of the instant crimes, the circumstances after the crime, etc., there is no substantial reason to recognize that the sentencing of the lower court is too unfair even when considering the circumstances asserted on 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.