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(영문) 대법원 2017.01.25 2016도18719
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds for appeal by Defendant B, in light of various circumstances, including the Defendant’s age, character and conduct environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, there are substantial grounds to recognize that the lower court’s sentence of imprisonment with prison labor for a period of 20 years is extremely unfair, even when considering the circumstances asserted by the national defense counsel.

subsection (b) of this section.

2. Examining the reasoning for Defendant A’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant A guilty of aiding and abetting murder among the facts charged in the instant case on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the bounds of free evaluation of evidence by violating logical and empirical rules.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is an error of law as to the lack of

subsection (b) of this section.

In addition, examining various circumstances that are the conditions for sentencing as shown in the records, such as the Defendant’s age and character environment, relationship with the victim, motive, means and consequence of the instant crime, and the circumstances after the crime, there is a substantial reason to recognize that the determination of the sentence of the lower court that sentenced the Defendant to the 12-year imprisonment is extremely unfair even when considering the circumstances asserted by the Defendant and the defense counsel.

subsection (b) of this section.

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

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