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(영문) 대법원 2015.02.12 2014도17210
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining various circumstances that are the conditions for sentencing indicated in the records, such as the Defendant’s age, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, it is extremely unreasonable to maintain the judgment of the first instance that sentenced to 15 years of imprisonment with prison labor for the Defendant even when considering the circumstances asserted by a state appointed defense counsel.

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning.

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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