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(영문) 대법원 2019.07.11 2019도6082
존속살해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court rejected Defendant’s assertion as to Defendant’s mental disorder on the grounds indicated in its reasoning.

In light of the relevant legal principles and records, it is difficult to view that the Defendant was in a state of mental disorder or mental disorder at the time of committing the instant crime. Therefore, the lower court did not err by failing to exhaust all necessary deliberations as to the cause of mental disorder, as otherwise alleged in the

In addition, examining various circumstances that are conditions for sentencing, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of the instant crime, etc., as indicated in the records, even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed extremely unfair to maintain the first instance judgment that sentenced the Defendant to 20 years of imprisonment with prison labor.

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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