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(영문) 대법원 2017.10.26 2017도13085
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable to find the lower court guilty of murder among the facts charged in the instant case on the grounds stated in its reasoning.

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 relevant legal principles.

Meanwhile, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the assertion on the mental and physical loss of the defendant and the requester for an attachment order and the requester for a medical treatment and custody order (hereinafter “defendant”), and there is no error of law as alleged in the grounds of appeal.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age character and character intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, 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 in light of the circumstances asserted in the grounds of appeal.

2. As to the case of the request for attachment order and the case of the medical treatment and custody request, in a case where the defendant files an appeal against the defendant's case, the appeal shall be deemed to have been filed regarding the case of the attachment order

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal 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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