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(영문) 대법원 2014.01.23 2013도13256

살인

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and asserted only the grounds for mental and physical disorder as the grounds for appeal.

In this case, the argument that the judgment of the court below did not recognize legal principles or self-defense does not constitute a legitimate ground for appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no violation

Meanwhile, considering the evidence duly adopted by the court of first instance by the court below and various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive, means and process of committing a crime, and circumstances after committing a crime, which are acknowledged by the records, the court below's measure of maintaining the judgment of the court of first instance that sentenced the defendant to 13 years of imprisonment with prison labor is just and acceptable, and contrary to the allegations in the grounds of appeal, there are no errors of unfair sentencing.

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