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(영문) 대법원 2016.07.22 2016도7120
강도살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s case, the lower court rejected the Defendant’s assertion as to the mental and physical weakness of the Defendant and the person who requested the attachment order (hereinafter “Defendant”).

The allegation in the grounds of appeal as to this is the purport of disputing the lower court’s finding of facts, and it is nothing more than denying the lower court’s determination of the evidence selection and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its determination by misapprehending the bounds of the principle of free evaluation of evidence or by exceeding the bounds of the principle

In addition, considering the following circumstances, comprehensively taking into account the Defendant’s age character and character, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the commission of the crime, etc., the determination of the sentence by the lower court that sentenced the Defendant to imprisonment is extremely unfair even when considering the circumstances asserted in the grounds of appeal.

2. As to the case for which a request to attach an attachment order is filed by the criminal defendant, a final appeal is deemed to have been filed regarding the case for which the request to attach an attachment order is sought, but the final appeal does not state the grounds therefor and the reason for the final appeal is not stated.

3. 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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