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(영문) 대법원 2020.12.24 2020도13532
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court convicted the victim H of attempted murder among the facts charged of the instant case.

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 murder, without exhaust all necessary deliberations.

Defendant

In addition, considering various circumstances, such as the age and behavior environment of the person against whom the probation order was requested (hereinafter “defendant”), relationship with the victims, motive means and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s sentence that sentenced the Defendant for 30 years of imprisonment cannot be deemed as extremely unfair even when considering the circumstances alleged by the Defendant.

2. When a defendant files an appeal against a prosecuted case regarding the request for probation order, the appeal shall be deemed to have been filed as to the case of request for probation order.

However, there is no statement in the petition of appeal or the appellate brief on the grounds of objection.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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