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(영문) 대법원 2020.11.12 2020도12216
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of murder part among the facts charged in the instant case.

The judgment below

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

Examining various circumstances that are conditions for sentencing, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., as indicated in the records, it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 20 years of imprisonment with prison labor and a fine of 300,000 won, even when considering the circumstances asserted in the grounds of 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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