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(영문) 대법원 2019.09.09 2019도9016
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court convicted the Defendant of the murder charge of the instant facts charged.

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 willful negligence in the crime of murder.

In addition, examining various circumstances that are the conditions for sentencing as shown in the records, such as the age and behavior environment of the defendant and the person subject to the request for attachment order (hereinafter “defendant”), relationship with the victim, motive means and consequence of the instant crime, and the circumstances after the crime, etc., even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed that the lower court maintained the first instance judgment that sentenced the Defendant 18 years to imprisonment with prison labor.

All arguments that the judgment of the court below contains an error of law in misunderstanding of facts as to mental and physical disorder and misunderstanding of legal principles as to admissibility of evidence, are all asserted by the defendant as the grounds for appeal or by the court below as the subject of judgment ex officio, and it cannot be a legitimate

2. With respect to the case for which the request for attachment order is filed, a final appeal shall be deemed filed against the case for which the defendant files a final appeal regarding the case for which the attachment order is requested.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection in the petition of appeal.

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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