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(영문) 대법원 2016.03.10 2015도20236
유사강간살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, the court below is just in rejecting the Defendant’s assertion on mental and physical weakness on the grounds of its stated reasoning, and there is no error by misapprehending the legal principles on mental and physical disorder as alleged in the grounds of

Meanwhile, considering the various circumstances, such as the Defendant’s age character and character intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for a period of 12 years cannot be deemed as extremely unfair even when considering the circumstances asserted by the Defendant and the defense counsel.

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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