logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.06.28 2016도5430
현주건조물방화치사
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 by misapprehending the legal doctrine on the degree of proof required in criminal proceedings, or by omitting judgment without exhaust 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 of misunderstanding of facts, misunderstanding of legal principles, or incomplete trial as to mental and physical weakness.

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

arrow