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(영문) 대법원 2017.10.31 2017도12412
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the first instance court, the lower court was justifiable to have found the Defendant guilty of all the facts charged. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free conviction doctrine against logical and empirical rules, or by misapprehending the legal doctrine regarding larceny, or by failing to

In addition, considering various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive and consequence of the instant crime, and circumstances after the crime, etc., the lower court’s judgment that maintained the first instance judgment that sentenced the Defendant to 12 years of imprisonment with prison labor is extremely unfair, even when considering the circumstances asserted by the Defendant and the national defense counsel.

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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