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(영문) 대법원 2020.01.16 2019도16462
살인미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendant guilty of the instant facts charged, and rejected the Defendant’s defectiveness or mental disability claim.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err in its judgment 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 intention and negligence of murder, or mental

In addition, examining various circumstances that are conditions for sentencing, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of the instant crime, etc., as indicated in the records, even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed extremely unfair to maintain the first instance judgment that sentenced the Defendant to 18 years of imprisonment with prison labor.

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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