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(영문) 대법원 2018.04.26 2018도3869
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, we affirm the lower court’s rejection of the Defendant’s assertion on the Defendant’s mental and physical weakness on the grounds of its stated reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation by violating logical and empirical rules

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, 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 circumstance after the crime, etc., it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 20 years of imprisonment, even in light of the circumstances asserted in the grounds for 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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