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(영문) 대법원 2016.01.28 2015도18258
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on the intention of murder, without exhausting all necessary deliberations.

In addition, the court below's rejection of the defendant's argument on the mental and physical weakness based on the circumstances as stated in its reasoning is justified.

There is no error in the misapprehension of legal principles or deliberation on mental and physical weakness.

In addition, considering various circumstances, such as the Defendant’s age character and character environment, relationship with the victim, motive means and consequence of each of the instant crimes, the circumstances after the crime, etc., the determination of the lower court’s punishment sentenced to 10 years imprisonment with prison labor is extremely unfair even when considering the circumstances alleged in the grounds of appeal.

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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