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(영문) 대법원 2017.12.07 2017도16983
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable, and 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

In addition, considering various circumstances, such as the Defendant’s age character and character, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the crime, etc., the determination of the lower court’s sentence that sentenced 20 years to the Defendant is extremely unfair even if considering the circumstances asserted by the national 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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