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(영문) 대법원 2017.09.07 2017도9484
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 was just in finding the Defendant guilty of all the charges of this case (excluding the portion not guilty of the court below) on the grounds as stated in its reasoning, and 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 misapprehending the legal principles on the principle of punishment of crime, court-oriented

In addition, considering various circumstances, such as the Defendant’s age character and character intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for not less than 17 years is extremely unfair even if considering the circumstances asserted by the Defendant and the national defense counsel.

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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