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(영문) 대법원 2019.08.14 2019도7463
존속살해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court convicted all of the facts charged of the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on mental and physical disorder.

Examining the above assertion of unreasonable sentencing, examining various circumstances that form the conditions for sentencing as indicated in the record, such as the age and behavior environment of the Defendant and the person subject to an application for an attachment order (hereinafter “Defendant”), relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., the lower court cannot be deemed to have maintained the first instance judgment that declared life imprisonment, etc. against the Defendant.

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

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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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