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(영문) 대법원 2020.03.12 2019도18977
중상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of the facts charged in the instant case (excluding the part not guilty in the first instance trial) on the grounds stated in its reasoning, and rejected the Defendant’s assertion of mental disorder.

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 the defectiveness.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the age and conduct environment of the defendant and the applicant for medical treatment and custody (hereinafter “defendant”), relationship with victims, motive means and consequence of the instant crime, and circumstances after the crime, it is extremely unfair to maintain the judgment of the first instance court that sentenced the defendant 15 years to imprisonment, even in light of the circumstances asserted in the grounds of appeal.

2. The judgment on the medical treatment and custody claim case shall be deemed to have filed an appeal on the medical treatment and custody claim case as long as the defendant files an appeal against the prosecuted case.

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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