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(영문) 대법원 2015.02.26 2015도369
살인
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court did not recognize a mental disorder is not a legitimate ground for appeal.

In addition, considering various circumstances, such as the age and behavior intelligence and environment of the defendant, relationship with the victim, motive means and consequence of the crime of this case, the circumstances after the crime, etc., the determination of the sentence of the court below that maintained the judgment of the court of first instance that sentenced 12 years to the defendant, even if considering the circumstances asserted by the state appointed defense counsel and the defendant, is extremely unfair.

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

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