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(영문) 대법원 2016.06.23 2016도5181

살인

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's mental and physical weakness on the grounds as stated in its reasoning is just, and there is no error of law by misunderstanding the mental and physical weakness or misunderstanding of facts as alleged in the grounds of appeal.

In addition, considering various circumstances, such as the character and conduct of the Defendant’s age, intelligence and environment, records of the instant crime, motive and consequence of the instant crime, the circumstances after the crime, etc., there are substantial grounds to recognize that the determination of the sentence of the lower court that sentenced 20 years to the Defendant was extremely unfair even when considering the circumstances asserted by the national defense counsel.

shall not be deemed to exist.

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