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(영문) 대법원 2018.06.28 2018도6206

살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below is erroneous in the deliberation of basic facts for sentencing, violation of logical rules, and mistake of facts is ultimately an unfair argument for sentencing.

However, considering various circumstances, such as the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the determination of the lower court’s punishment, which maintained the first instance court that sentenced 15 years to the Defendant, 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.