logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.09.26 2019도10915
강도살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the murder reserve part and the robbery part among the facts charged against Defendant B, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 establishment of the crime of murder and robbery.

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 25 years of imprisonment with prison labor against Defendant B even when considering the circumstances asserted in the grounds of appeal.

2. As to the Defendant A’s grounds of appeal, the lower court found Defendant A guilty of robbery among the facts charged against Defendant A.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on robbery, intent of unlawful acquisition, and joint principal offender.

Defendant

Examining various circumstances that form the conditions for sentencing as shown in the records, such as the age and conduct environment of A, relationship with victims, motive means and consequence of each of the instant crimes, the circumstances after the crime, etc., the lower court cannot be deemed extremely unfair to sentence Defendant A 15 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

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

arrow