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(영문) 대법원 2019.07.11 2019도5652
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, found the Defendant guilty of the facts charged of this case and rejected the Defendant’s assertion as to self-defense and mental disability.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on self-defense and

The argument that the judgment of the court below contains an error of law related to deviation from discretion in sentencing and sentencing constitutes an allegation of unfair sentencing.

However, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with victims, motive, means and consequence of the instant crime, the circumstances after the crime, etc., the lower court’s sentencing that sentenced the Defendant to 13 years of imprisonment cannot be deemed extremely unfair even if considering the circumstances asserted in the grounds of appeal.

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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