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(영문) 대법원 2018.01.25 2017도18704
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below erred in the incomplete deliberation, violation of Acts and subordinate statutes, and mistake of facts on the grounds for sentencing is ultimately an unfair argument in sentencing.

However, examining various circumstances, such as the Defendant’s age, criminal records, sex, environment, relationship with the victim, motive and consequence of the instant crime, and the circumstances after the crime, there are substantial grounds to recognize that the amount of the lower court’s punishment sentenced to 14 years imprisonment with prison labor is extremely unfair even when considering the circumstances asserted by the national defense counsel.

subsection (b) of this section.

In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and argued mental and physical disorder along with the sentencing unfair on the grounds of appeal, but withdrawn the grounds for appeal as to mental and physical disorder on the first trial date of the court below.

In such a case, the argument that the judgment of the court below erred in the deliberation of mental and physical weakness is not a legitimate ground for 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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