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(영문) 대법원 2013.05.23 2013도3733

살인

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that the court below erred by failing to exhaust all the deliberation on the grounds for sentencing while determining the sentence against the defendant, or by misunderstanding the facts, which deviates from the limit of the principle of balanced punishment, the principle of responsibility, and the principle of equality, is ultimately an assertion of unreasonable sentencing.

Examining various circumstances, including the Defendant’s age, character and conduct, relationship with the victim, motive, means and consequence of the instant crime, and circumstances subsequent to the instant crime, etc., the determination of the lower court’s sentence that sentenced the Defendant to 15 years imprisonment is extremely unfair even when considering the circumstances asserted by the Defendant and his defense counsel.

2. As long as a defendant files an appeal against a medical treatment and custody case and a case for which a request to attach an attachment order is filed, the medical treatment and custody case and the case for which a request to attach an attachment order are deemed to have been filed, but the appeal shall not be filed in the petition of appeal or the appellate brief

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