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(영문) 대법원 2013.12.26 2013도12720
존속살해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the Defendant’s and the requester for medical treatment and custody (hereinafter “Defendant”)’s assertion on the defectiveness on the grounds of its stated reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as to the

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only when the court below rendered a sentence of death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the grounds that the amount of punishment is unreasonable in this case

2. As long as the defendant files an appeal against a prosecuted case regarding a medical treatment and custody application case, the appeal is deemed to have been filed regarding the medical treatment and custody application case, but the petition of appeal or the appellate brief does not indicate the grounds for objection to the appeal.

3. 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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