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(영문) 대법원 2018.08.30 2018도10635
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of murder among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on willful negligence of murder.

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, intelligence and environment, relationship with victims, motive and consequence of each of the instant crimes, and the circumstances after the crime, the determination of the lower court’s imprisonment with prison labor for a period of ten years cannot be deemed as extremely unfair, even in light of the circumstances asserted on the ground 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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