logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.12.10 2015도15702
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that the murder committed against C among the facts charged in the instant case constituted a case where there is no proof of crime, and sentenced the Defendant not guilty of the modified facts.

Examining the record, the lower court did not err by misapprehending the facts or by misapprehending the relevant legal doctrine in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment on the Defendant’s ground of appeal in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on mental and physical disability based on the circumstances indicated in its reasoning, and there is no

In addition, examining various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and process of committing a crime, circumstances after committing a crime, relationship with the victim, etc., which are acknowledged by evidence and records, the lower court, which sentenced the Defendant to a 18-year punishment, did not err in the misapprehension of an obvious unfair sentencing as alleged in

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

arrow