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(영문) 대법원 2017.04.26 2017도3104

살인등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the circumstances surrounding Defendant A’s grounds for appeal, including Defendant A’s age character and conduct, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances leading to the sentencing indicated in the record, the lower court’s sentence sentenced to 22 years imprisonment with prison labor against Defendant A is extremely unfair, even when considering the circumstances asserted by Defendant A and defense counsel.

2. Review of the record on the grounds of Defendant B’s appeal reveals that Defendant B appealed against the judgment of the first instance, and only alleged unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.

In addition, examining the circumstances that form the conditions for sentencing as shown in the records, such as Defendant B’s age character and character, intelligence and environment, relationship with the victim, motive and consequence of the instant crime, and the circumstances after the crime, the determination of the lower court’s sentence that sentenced Defendant B with 16 years of imprisonment is extremely unfair, even if considering the circumstances asserted by Defendant B and the national defense counsel.

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