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(영문) 대법원 2016.10.27 2016도11949

존속살해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Defendant case

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, as to the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) (to the extent of supplement in case of documents submitted after the lapse of time limit for submitting the grounds of appeal), the lower court is justifiable to have found the Defendant guilty of murder among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending

In addition, considering the following circumstances in light of the Defendant’s age and behavior intelligence and environment, records of the instant crime, motive means and consequence of the instant crime, etc., the determination of the lower court’s punishment that maintained the first instance judgment that sentenced the Defendant to life imprisonment cannot be deemed to be extremely unfair even if considering the circumstances asserted in the ground of appeal.

B. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, it is justifiable to maintain the first instance judgment which acquitted the Defendant on the ground that the lower court constituted a case where there is no proof of criminal facts as to the remaining murder, attempted murder, and attempted murder among the facts charged in the instant case. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience and by exceeding

2. The case where the request for attachment order is filed with respect to a prosecuted case, shall be deemed to have filed an appeal regarding the case where the request for attachment order is filed, but the defendant and the public prosecutor.