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(영문) 대법원 2021.03.11 2020도18493
살인
Text

The appeal is dismissed.

Reasons

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

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on mental and physical disorder.

In addition, examining various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age character and character environment, relationship with the victim, motive, means and consequence of the instant crime, etc., even when considering the circumstances asserted in the grounds of appeal, it cannot be deemed extremely unfair to maintain the sentencing of the first instance judgment, which sentenced the lower court to 20 years of imprisonment with prison labor, against the Defendant.

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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