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(영문) 대법원 2016.02.18 2015도19866
존속살해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder based on its stated reasoning.

There is no violation of the rules of evidence or incomplete trial with respect to mental disorder.

In addition, examining various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age character and character environment, relationship with the victim, motive, means and consequence of the instant crime, etc., the determination of the sentence by the lower court, which maintained the first instance judgment that sentenced the Defendant to 15 years of imprisonment, cannot be deemed as 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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