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(영문) 대법원 2016.03.24 2016도1579

살인등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law by misapprehending the legal principles on mental and physical disorder as alleged in the

In addition, considering various circumstances, such as the Defendant’s age character and character intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 20 years’ imprisonment with prison labor, is extremely unfair, even when considering the circumstances asserted by the Defendant and the national defense counsel.

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