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(영문) 대법원 2014.07.24 2014도6294
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to a prosecuted case, the argument that the lower court erred by mistake of facts and misapprehension of legal principles as to sentencing conditions constitutes an assertion of unfair sentencing.

However, examining various circumstances, such as the age, character, intelligence, and environment of the person against whom the attachment order was requested (hereinafter “defendants”), relationship with the victim, motive and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the lower court’s punishment that upheld the first instance judgment that sentenced 17 years to imprisonment for the Defendant cannot be deemed extremely unfair, even in light of the circumstances asserted by the public defenders.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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