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(영문) 대법원 2015.04.23 2015도3333
강도살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of committing murder and robbery among the facts charged in the instant case, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

In addition, considering various circumstances, including the age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc. of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the determination of the lower court’s sentence, which maintained the first instance court’s sentence sentenced to imprisonment for life, cannot be deemed to be extremely unfair even when considering the circumstances alleged by the Defendant.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

3. 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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