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(영문) 대법원 2017.08.29 2017도8825
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the Defendant’s case in light of the record, it is justifiable for the lower court to have rejected the assertion on the mental and physical weakness of the Defendant and the requester for an attachment order (hereinafter “Defendant”) on the grounds stated in its reasoning, and there is no error of not recognizing the mental and physical weakness as alleged in the grounds of appeal.

In addition, according to various circumstances, including the Defendant’s age character and character environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the crime, etc., there are substantial grounds for recognizing that the determination of the sentence by the court below, which sentenced 30 years to the Defendant, is extremely unfair even when considering the circumstances asserted by the defense counsel.

subsection (b) of this section.

2. With respect to a case for which a request to attach an attachment order is filed, if the defendant files a final appeal against the defendant's case, the appeal shall be deemed filed regarding the attachment order 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. 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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