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(영문) 대법원 2021.03.25 2021도1044
상해치사등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Defendant A affirmed the first instance judgment that found Defendant A guilty of the facts charged.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint processing doctors, predictability, etc.

Examining the circumstances that are conditions for sentencing, such as Defendant A’s age and character environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., as indicated in the record, even if considering the circumstances asserted in the grounds of appeal, the lower court’s sentencing, which maintained the first instance judgment that sentenced to 17 years imprisonment with prison labor, is extremely unfair.

2. The allegation that there was an error in the misapprehension of the legal principles as to the possibility of predictability in the judgment of the court below by Defendant B, or that Defendant B was in a mental and physical state at the time of the crime is not a legitimate ground for appeal since it was alleged that Defendant B used it as a ground for appeal or was not subject to ex officio

Examining various circumstances, such as Defendant B’s age and character environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., as indicated in the record, the lower court’s sentencing sentenced to 14 years imprisonment with prison labor against Defendant B cannot be deemed as extremely unfair even when considering the circumstances asserted in the grounds of appeal.

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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