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(영문) 대법원 2017.01.12 2016도15529
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the court below and the first instance court, it is just to find the court below guilty of the facts charged of this case on the grounds as stated in its reasoning. In addition, in light of various circumstances such as the circumstance of each crime of this case, the method of crime, the defendant's act before and after the crime of this case, and the circumstances after the crime of this case, the defendant was in a state of mental and physical harm beyond that of a deadly and mentally weak condition at the time of each crime of this case.

does not appear.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the principle of trial on evidence or by misapprehending the legal principles on mental disorder.

In addition, considering various circumstances, including the Defendant’s age character and character environment, relationship with the victim, motive, means, and consequence of each of the instant crimes, and the circumstances after the crime, the determination of the lower court’s imprisonment with prison labor for not less than 13 years is extremely unfair even when considering the circumstances asserted on the ground of appeal.

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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