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(영문) 대법원 2017.07.11 2017도6508
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have found the Defendant guilty of murder of the facts charged in the instant case 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 against logical and empirical rules, or by misapprehending the legal doctrine on

In addition, examining the 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., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 20 years of imprisonment, is extremely unfair even when considering the circumstances asserted by the Defendant and his defense counsel.

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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