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(영문) 대법원 2020.06.25 2020도4646

성폭력범죄의처벌등에관한특례법위반(강간등살인)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on intent to murder and the exclusion of illegally collected evidence,

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.