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(영문) 대법원 2017.09.07 2017도9485
살인
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’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles as to the intention of murder.

In addition, examining various circumstances that form 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 each of the instant crimes, etc., it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 12 years of imprisonment, even 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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