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(영문) 대법원 2017.04.13 2017도1790
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged in this case on the grounds as stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles or misunderstanding facts beyond the bounds of free evaluation of evidence against logical and empirical rules

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and character environment, relationship with the victim, motive, means and consequence of each of the instant crimes, etc., it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant 25 years of imprisonment with prison labor, even 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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