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(영문) 대법원 2018.10.25 2018도12048
강도살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by the Defendant and the person who requested the attachment order (hereinafter “Defendant”)

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable to find the lower court guilty of robbery among the facts charged against Defendant A on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, examining various circumstances, such as Defendant A’s age character and conduct, intelligence and environment, relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the commission of the crime, etc., the determination of the lower court’s imprisonment with prison labor for life against Defendant A cannot be deemed as extremely unfair, even when considering the circumstances asserted as the ground of appeal.

B. As to the case of the request for attachment order, if Defendant A filed a final appeal against the Defendant’s case, the case of attachment order shall be deemed to have been subject to a final appeal, but the reason for the final appeal shall not be stated in the petition, and the reasons for the final appeal shall also be stated therein.

2. Examining the reasoning for Defendant I’s appeal in light of the evidence duly admitted, the lower court’s judgment that found Defendant I guilty of robbery and abandonment of the dead body among the charges against Defendant I on the grounds indicated in its reasoning is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders, without exhausting all necessary deliberations as alleged in the grounds of appeal.

In addition, the records, such as Defendant I’s age character, character, intelligence and environment, relationship with the victim, motive and consequence of each of the crimes of this case, and circumstances after the crime.

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