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(영문) 대법원 2017.07.18 2017도7143
강도강간
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the facts charged in this case was guilty on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by violating the rules of evidence.

In addition, examining the following circumstances: the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means, and consequence of the instant crime, and the circumstances after the crime, etc., which are the conditions for the sentencing indicated in the records: (a) even if considering the circumstances asserted by the national defense counsel, there is a substantial reason to recognize that the lower court’s sentencing of the Defendant, which maintained the first instance judgment that sentenced the Defendant to ten years’ imprisonment,

subsection (b) of this section.

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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