logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.01.10 2018도17083
존속살해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below judged the Defendant not guilty on the ground of the following facts: (a) the remaining murder among the amended facts charged in this case against the Defendant; (b) the fact that each murder was committed and the abandonment of the dead body was not proven; and (c) the fact that each murder was committed; and (d) the Defendant acquitted the Defendant

The judgment below

Examining the reasoning in light of the relevant legal principles and the 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 co-principals in the crime of murder and murder, as otherwise alleged in the grounds of appeal, as otherwise alleged in the grounds of appeal.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the charge of remaining murdering and aiding and aiding and abetting murdering, which are included in the modified charges of this case, based on its stated 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 crime of aiding and abetting murder and aiding and abetting murder, contrary to what is alleged

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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

arrow