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(영문) 대법원 2013.08.22 2013도7540

특정범죄가중처벌등에관한법률위반(보복범죄등)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant and the person subject to attachment order (hereinafter “Defendant”) guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case against the Defendant and the person subject to attachment order (hereinafter “Defendant”), on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding

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

In addition, examining various circumstances, such as the age, character, intelligence and environment of the defendant, and the motive, means and consequence of each of the crimes in this case, and the circumstances after the crime, etc., the determination of the sentence by the court below that sentenced 20 years of imprisonment to the defendant cannot be deemed to be extremely unfair even when considering the circumstances asserted by a state appointed defense counsel.

2. As to the case of attachment order, if the defendant files an appeal against the case of attachment order, the appeal shall be deemed to have been filed regarding the case of request for attachment order.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.

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