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(영문) 대법원 2015.07.23 2015도7757

살인등

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 claim on the mental and physical disorder based on its stated reasoning, and there is no error in the misapprehension of legal principles as to mental and physical disorder or incomplete hearing.

In addition, considering various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, the motive, means, and consequence of the instant crime, and the circumstances after the crime, the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 20 years of imprisonment, is extremely unfair even when considering the circumstances asserted by the defense counsel.

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