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(영문) 대법원 2015.07.23 2015도7251
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The acknowledgement of facts against the accused case shall reach the level of proof with no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and 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). For reasons indicated in its reasoning, the lower court rejected the Defendant’s allegation in the grounds of appeal as to the Defendant’s mental and physical disorder, based on the determination that the Defendant did not lack the ability to discern things or make decisions.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, examining the reasoning of the judgment below in light of the aforementioned legal principles and evidence duly admitted, there is no violation of law by misunderstanding the judgment of the court below or exceeding the bounds of the principle of free evaluation of evidence.

In addition, examining various circumstances, such as the Defendant’s age and behavior intelligence and environment, relationship to victims, motive, means, and consequence of the crime, and circumstances after the crime, etc., the determination of the sentence of the lower court that maintained the sentence that was sentenced by the first instance court is extremely unfair even when considering the circumstances asserted by a state appointed defense counsel.

2. In the event that an appeal is filed against a prosecuted case regarding the attachment order case, the appeal shall be deemed to have been filed regarding the case for which the request for attachment order is filed, but the petition of appeal or the appellate brief shall not state the grounds for objection.

3. Therefore, the appeal is dismissed.

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