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(영문) 대법원 2017.04.13 2017도1213
살인
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. In light of various circumstances such as the background and method of each of the instant crimes committed by the lower court and the first instance court based on the evidence duly adopted and examined, the act of the Defendant and the person who requested attachment order (hereinafter “Defendant”) before and after the commission of the crime, and the circumstance after the commission of the crime, etc., the Defendant was in a physical and mental state of mental weakness at the time of committing the instant crime, and was in a state of mental and physical loss beyond it.

does not appear.

The court below is justified in rejecting the Defendant’s assertion on the Defendant’s mental and physical loss based on its stated reasoning.

There is no error in the misapprehension of the deliberation on the grounds for mental loss.

In addition, considering various circumstances, such as the Defendant’s age and character environment, relationship with victims, motive means and consequence of each of the instant crimes, the circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for a period of 30 years is extremely unfair even when considering the circumstances alleged in the grounds of appeal.

2. As to the medical treatment, custody application case and the request for attachment order case, when the defendant files a final appeal with respect to the defendant's case, the appeal shall be deemed to have been filed regarding the medical treatment, custody application case

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition of appeal.

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

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