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(영문) 대법원 2019.02.14 2018도20120
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have convicted all of the facts charged in the instant case on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there is no error of misapprehending the legal principles regarding false facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or dangerous objects of special assault and special intimidation, self-defense, excessive defense, mental or physical disability, and self-denunciation.

In addition, considering various circumstances, such as the defendant's age and behavior intelligence and environment, relationship with victims, motive means and consequence of the crime of this case, the circumstances after the crime of this case, etc., the sentencing of the court below that sentenced 17 years to the defendant cannot be deemed to be extremely unfair even if considering the circumstances asserted in the ground 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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