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(영문) 대법원 2021.01.14 2020도15232
강도살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining various circumstances, such as the Defendant’s age character and character environment, relationship with the victim, motive, means, and consequence of the instant crime, etc., as indicated in the record, the lower court’s sentence of imprisonment for 30 years cannot be deemed as extremely unfair even in light of the circumstances asserted on the ground of appeal.

The argument that the defendant was in a state of mental and physical weakness at the time of committing the crime of this case is asserted by the defendant as the ground for appeal, or by the court below as the subject of judgment ex officio. Thus, it cannot be a legitimate ground for appeal.

B. Even if I examine, the lower court did not err in its judgment as alleged 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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