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(영문) 대법원 2020.03.12 2020도413
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on intentional murder and injury resulting from special injury or by misapprehending the principle

Examining the Defendant’s age, character and conduct, environment, relationship with victims, motive, means and consequence of each of the instant crimes, and circumstances that are conditions for sentencing, as indicated in the record, it is extremely unfair to maintain the judgment of the first instance court that sentenced to 17 years of imprisonment with prison labor against the Defendant even when considering the circumstances asserted in the grounds of appeal.

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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