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(영문) 대법원 2015.07.09 2015도4482
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed)

A. As to the grounds of appeal on the crime of murder and attempted murder, the lower court, on the grounds as indicated in its reasoning, determined that: (a) Defendant A conspired with B to murder the victim; (b) Defendant A conspired with B on January 10, 2014, and (c) Defendant A instructed B to conclude the crime of murder by making phone call to the victim after drinking water; and (c) Defendant A conspired with B by maintaining a conspiracy with B by February 16, 2014, while maintaining a conspiracy with B, until February 16, 2014, at the time of the crime of murder in this case, Defendant A conspired with B, on the ground that it was guilty of all attempted murder and attempted murder among the charges of this case against Defendant A.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below’s determination is just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles regarding the probative value of evidence and the voluntariness of statements, or by misapprehending the bounds of the principle of free evaluation of evidence or by misapprehending the principle

B. As to the grounds of appeal on the violation of the Narcotics Control Act, the lower court, on the grounds as indicated in its reasoning, deemed that Defendant A received exemption twice from Defendant C, or didlusent recognition of the fact that the content of the psychotropic drug was included in the psychotropic substance at the time of medication to the victim, and thus, found Defendant A guilty of each violation of the Act on the Control of Narcotics, Etc. among the facts charged in the instant case against Defendant A.

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