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(영문) 대법원 2017.12.05 2017도15612
존속살해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, it is justifiable to have determined that the lower court convicted all of the facts charged of the instant case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.

Meanwhile, the argument that the lower court erred by misapprehending the legal doctrine as to the principal building fire-prevention and the crime of death or injury caused by ordinary concurrent crimes is not a legitimate ground for appeal, since the Defendant’s assertion that it was based on appeal or that it was not subject to judgment ex officio by the lower court was asserted in the final 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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