beta
(영문) 대법원 2014.06.12 2014도4737

살인등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have rejected the Defendant and the person who requested the attachment order (hereinafter “Defendant”)’s mental and physical disorder based on the circumstances indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors by misapprehending the legal principles or finding facts about mental disorder.

In addition, examining the evidence duly adopted by the court of first instance, the age, character, and family relationship of the defendant recognized by the records, the motive and means of committing a crime, and circumstances after committing a crime, etc., the court below cannot be deemed to have a substantial reason to view that the measure of maintaining the first instance court, which sentenced life imprisonment to the defendant, is extremely unfair for the reasons stated in its holding.

2. With respect to an attachment order case, if the defendant files an appeal against the prosecuted case, the appeal shall be deemed to have been filed regarding the attachment order case.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection in the petition of appeal.

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