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(영문) 대법원 2016.01.28 2015도18820
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning is just and there is no error of law by misunderstanding the legal principles on mental and physical disorder as alleged

In addition, examining various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age and character environment, relationship with the victim, motive, means and consequence of each of the instant crimes, etc., the determination of the lower court’s punishment, which maintained the first instance court’s judgment that sentenced 12 years to imprisonment, is extremely unfair.

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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