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(영문) 대법원 2013.06.13 2013도3962
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed from the judgment of the court of first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, an appeal is not allowed to be filed with the Supreme Court on the ground of a mistake of facts or misapprehension of legal principles as to mental disorder.

In addition, considering the evidence duly adopted by the court of first instance by the court below and various circumstances, including the defendant's age, character and conduct, environment, family relationship, motive, means and progress of the crime, and circumstances after the crime, which are acknowledged by the records, the court below's measure of maintaining the judgment of the court of first instance that sentenced the defendant to 12 years of imprisonment for reasons as stated in its holding is just and acceptable, and contrary to the allegations in the grounds of appeal, there are no errors of unfair sentencing.

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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