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(영문) 대법원 2018.02.08 2017도21251
살인
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, the lower court was justifiable to have determined that the facts charged in this case was guilty on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the credibility of confession.

In addition, examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on loss of mental and physical disability

Meanwhile, the argument that there was an error that does not take into account the number of factors in sentencing against the defendant is ultimately unfair in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

In addition, the argument that the judgment of the court below contains an error of law by failing to exhaust all necessary deliberation as to the relation between the defendant's act and the victim's death, is not a legitimate ground for appeal, since the defendant's appeal is based on the grounds of appeal or the court below's decision does not have to be subject to

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

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