beta
(영문) 대법원 2013.12.12 2013도12537

살인등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining various circumstances pertaining to the accused case, including the age and behavior environment of the person against whom the attachment order was requested (hereinafter “defendant”), relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., the determination of the lower court’s punishment that maintained the first instance court which sentenced 30 years to the Defendant cannot be deemed unfair, even in light of the circumstances asserted by the Defendant.

Meanwhile, the argument that the defendant was in a state of mental disorder at the time of committing the crime of this case is alleged in the ground of appeal that the defendant did not take it as the ground of appeal or that the court below did not take it as the subject of ex officio, and it does not constitute a legitimate ground of appeal, and even upon examining the record, the court below did not err

2. With respect to a case for which the request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, this ground of appeal was not submitted.

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