logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.06.09 2016도4789
현존건조물방화치사등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements of grounds of appeal, applications for evidential materials, etc. which are not timely filed).

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the first instance court, the lower court’s determination that all of the facts charged in the instant case is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the presumption of innocence or by misapprehending the bounds of free evaluation of evidence against logical and empirical rules.

In addition, considering various circumstances, including the Defendant’s age character and conduct, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, there are substantial grounds for recognizing that the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to imprisonment with prison labor for life, is extremely unfair even when considering the circumstances asserted by the Defendant.

shall not be deemed to exist.

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

arrow