logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.07.20 2018도6773
강도강간미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have maintained the first instance judgment that found the Defendant guilty of attempted robbery among the facts charged in the instant case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, examining various circumstances, such as the Defendant’s age, criminal records, sex, environment, relationship with the victim, motive and consequence of the instant crime, and the circumstances after the crime, there are significant grounds to recognize that the lower court’s sentencing, which maintained the first instance judgment that sentenced the Defendant to ten years’ imprisonment, is extremely unfair even when considering the circumstances asserted by the Defendant and his defense counsel.

subsection (b) of this section.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow