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(영문) 대법원 2019.10.31 2019도12252
살인
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant D 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 against logical and empirical rules, or by misapprehending the legal doctrine on the intent of murder, on the grounds stated in its reasoning.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as Defendant D’s age, behavior intelligence and environment, relationship with the victim, motive and consequence of the instant crime, and circumstances after the crime, it cannot be deemed that the lower court maintained the first instance judgment that sentenced Defendant D 12 years to imprisonment, even if considering the circumstances asserted in the grounds of appeal.

2. Examining the grounds of appeal by Defendant A in accordance with 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 causal relationship and predictability of the intention and death of joint injury, on the grounds stated in its reasoning.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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