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(영문) 대법원 2016.3.24.선고 2016도1111 판결
살인,사체손괴,사체유기
Cases

2016Do1111 homicide, destruction of or damage to a corpse, abandonment of a corpse

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

Attorneys CA (Law No. 1000,00)

Judgment of the lower court

Seoul High Court Decision 2015No2176 Decided December 29, 2015

Imposition of Judgment

March 24, 2016

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no error in the misapprehension of legal principles

In addition, examining various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and progress of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s maintenance of the first instance judgment that sentenced the Defendant to 30 years of 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.

Justices Park Jae-young

Justices Park Sang-ok

Justices Lee Sang-hoon

Justices Kim Chang-suk

Justices Cho Jong-hee

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