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(영문) 대법원 2018.08.01 2018도9113

살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, 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 mental and physical disorder, contrary to what is alleged in the grounds of appeal.

The argument that the judgment of the court below did not fully consider sentencing factors is an unfair argument in sentencing.

Examining various circumstances, such as the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, as indicated in the record, the sentencing of the lower court, which sentenced 25 years to the Defendant, is extremely unfair, even in light of 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.