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(영문) 대법원 2014.10.15 2014도9918
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of the second appellate brief filed after the lapse of the deadline).

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

In addition, the evidence revealed by the court below's duly adopted evidence is "the defendant and the defendant at the time of the crime in this case, the method of crime, and the defendant and the defendant at the time of the crime."

Examining various circumstances, such as the behavior of the Defendant and the circumstances after the crime, it is difficult to deem that the Defendant was in a state of mental disability and mental disability at the time of committing the instant crime.

Therefore, the judgment of the court below which did not recognize the mental disorder does not err by misapprehending the legal principles as to the mental disorder as alleged in the grounds of appeal.

In addition, the argument that the court below erred in imposing a high-quality penalty by applying the sentencing guidelines in sentencing constitutes the argument of unfair sentencing.

However, considering various circumstances, such as the Defendant’s age, character and conduct, relationship with the victim, motive, means and consequence of the instant crime, and circumstances after the crime, the determination of the lower court’s imprisonment with prison labor for a period of 25 years is extremely unfair even when considering the circumstances asserted by the Defendant.

2. Examining the reasoning of the lower judgment regarding the medical treatment and custody claim in light of the evidence duly admitted by the lower court, the lower court, on the grounds stated in its reasoning, requires the Defendant to receive medical treatment at the medical treatment and custody facility and risks of

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