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(영문) 대법원 2020.10.15 2020도9337
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds as indicated in its reasoning, the lower court acquitted Defendant BU, BV, and B on the part of the facts charged against Defendant BU, BV, on the ground that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on willful negligence in the crime of murder.

2. On the grounds as indicated in its reasoning, the lower court found Defendant B guilty of murdering part of the facts charged against Defendant B.

The judgment below

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

Defendant

Examining various circumstances that form the conditions for sentencing as shown in the records, such as the age-oriented environment, relationship with victims, motive means and consequence of each of the instant crimes, etc., the lower court cannot be deemed to have sentenced to 18 years of imprisonment with prison labor against Defendant B even when considering the circumstances asserted in the grounds of appeal.

3. Examining various circumstances that form the conditions for sentencing as indicated in the records, such as Defendant BU’s age and happiness environment, relationship with the victim, motive and consequence of each of the instant crimes, and circumstances after the crime, even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed that the lower court’s sentence of 10 years to Defendant BU is extremely unfair.

4. Determination on Defendant BV’s grounds of appeal is based on the sentencing environment of Defendant BV, relationship with the victim, motive means and result of the instant crime, and the circumstances after the crime.

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