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(영문) 대법원 2017.12.05 2017도15574
존속살해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant case in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s judgment that found the Defendant guilty of murdering of the changed facts charged on the grounds stated in its reasoning is justifiable.

In contrast to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have rejected the Defendant’s and the requester for an attachment order (hereinafter “Defendant”)’s assertion on the mental and physical weakness, and there is no error by misapprehending the legal doctrine on the mental and physical weakness, as alleged in the grounds of appeal.

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 determination of the sentence of the lower court that sentenced 25 years to the Defendant cannot be deemed to be extremely unfair even in light of the circumstances asserted by the Defendant and his defense counsel.

2. As to the case for which a request to attach an attachment order is filed, a final appeal shall be deemed to have been filed regarding the case for which the defendant filed a final appeal.

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition of appeal.

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

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