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(영문) 대법원 2017.09.07 2017도10877
살인등
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 attempted suspension and mental and physical weakness based on its stated reasoning.

There are no errors in the misapprehension of the legal principles as to attempted suspension and mental and physical disorder, violation of the rules of evidence, and misapprehension of the legal principles.

In addition, considering various circumstances, such as the Defendant’s age and character environment, the relationship with the victims, the motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 16 years of imprisonment, is extremely unfair, even when considering the circumstances alleged in the grounds of appeal.

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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