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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds the grounds stated in its reasoning, killed the victim in collusion.
Accordingly, the Defendants did not accept the Defendants’ allegation of the grounds of appeal as to mistake of facts.
The Defendants’ allegation of the grounds of appeal disputing the determination of the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal principles as well as the evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations as alleged in the Defendants’ grounds of appeal, or by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules.
In addition, even if the court voluntarily surrenders himself/herself, the punishment may be reduced or exempted by the court. Thus, even if the court below did not reduce the number of the defendant C, it cannot be deemed unlawful as alleged in the ground of appeal by the above defendant.
In addition, considering various circumstances, such as the character and conduct of the Defendants’ age, intelligence and environment, relationship with the victims, motive and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s sentence, which maintained the first instance judgment that sentenced the Defendants to imprisonment with labor, is extremely unfair, even when considering the circumstances alleged by the Defendants.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.