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(영문) 대법원 2018.03.27 2017도20697
강도살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the reasoning in light of the first instance court and the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the admissibility of evidence and the credibility of testimony, or by misapprehending the legal doctrine on the burden of proof of facts constituting a crime and the degree of proof required for the recognition of guilt in a criminal trial.

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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