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(영문) 대법원 2018.03.29 2018도2183
살인등
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.

In doing so, there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the relevant legal principles without exhausting all necessary deliberations as alleged in the grounds of appeal.

Examining various circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age and character environment, relationship with the victim, motive, means, and consequence of each of the instant crimes, it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 30 years of imprisonment, even in light of 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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