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(영문) 대법원 2021.03.11 2020도18491
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment that convicted 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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of murder.

Examining various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age character and character environment, relationship with the victim, motive, means and consequence of the instant crime, the circumstances after the crime, etc., the lower court’s sentencing, which maintained the first instance court judgment that sentenced the Defendant to 13 years of imprisonment, cannot be deemed as extremely unfair.

The Defendant’s assertion that the Defendant was in a state of mental disorder at the time of committing the instant crime was dismissed as the grounds for appeal, and the lower court did not have ex officio considered as the subject of adjudication, and is not a legitimate ground for 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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