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(영문) 대법원 2015.07.23 2015도6885
상해등
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).

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court determined that the Defendant committed each of the instant crimes, such as the facts in the first instance trial, and rejected the allegation in the grounds of appeal as to mistake of facts.

The allegation in the grounds of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the fact-finding court, and even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and evidence duly admitted, the lower court did not err

In addition, examining the circumstances revealed in the records, such as the circumstances leading to each of the crimes in this case and the circumstances before and after the crime, it is difficult to view that the defendant was in a state of mental disorder at the time of each of the crimes in this case, and therefore, there is no error of law by failing to exhaust all necessary deliberations or omitting judgment, which affected the conclusion of the judgment.

Meanwhile, in light of the reasoning of the lower judgment’s grounds of appeal that there was an error of misapprehension of legal principles as to sentencing on the grounds of the principle of balanced criminal punishment and the principle of accountability, the above ground of appeal is merely the purport of the lower court’s sentencing.

However, according to Article 383, Paragraph 4 of the Criminal Procedure Act, death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed.

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