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(영문) 대법원 2020.03.26 2020도1054
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that convicted of attempted murder among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on willful negligence of murder, contrary to the grounds of appeal.

In addition, examining various circumstances that are conditions for sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the instant crime, and circumstances after the crime, it is extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 12 years of imprisonment, even when considering the circumstances asserted in the grounds 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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