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(영문) 대법원 2019.01.31 2018도19296
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court below and the circumstances surrounding the Defendant’s act before and after the crime was committed, the court below’s determination that the crime of murder of this case cannot be deemed to have been committed in the state of mental and physical disorder is justifiable.

Examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with the victim, motive, means and consequence of each of the instant crimes, etc., it cannot be deemed extremely unfair to maintain the first instance judgment that sentenced the Defendant to 25 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

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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