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(영문) 대법원 2016.02.18 2015도19152

살인등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the circumstances surrounding the Defendant’s case, including the Defendant and the person who requested an attachment order (hereinafter “Defendant”),’s age character and conduct, intelligence and environment, relationship with victims, motive and consequence of each of the instant crimes, and circumstances after the commission of the crime, etc., it is extremely unfair for the lower court to maintain the first instance judgment that sentenced the Defendant to imprisonment with prison labor for 30 years, even if considering the circumstances asserted by the Defendant and his defense counsel.

In addition, according to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court did not recognize a mental disorder is not a legitimate ground for appeal.

2. With respect to the case for which a request for attachment order is filed, a final appeal shall be deemed filed regarding the case for which a defendant files a final appeal regarding the defendant's case.

However, there is no statement in the petition of appeal the reason for appeal and there is no statement in the statement of reason for appeal.

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