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(영문) 대법원 2013.11.14 2013도10715
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the Defendant and the respondent for attachment order (hereinafter “Defendant”)’s assertion on mental and physical disability based on the circumstances indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there is no error of law by misunderstanding facts or misunderstanding legal principles.

In addition, examining various circumstances that are the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with the victims, motive means and consequence of each of the instant crimes, and circumstances after the crime, the determination of the lower court’s punishment that maintained the first instance court, which sentenced 30 years to the Defendant, even if considering the circumstances asserted by the Defendant and the public defender, cannot be deemed as significantly unfair.

This part of the grounds of appeal cannot be accepted.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed

However, there is no statement in the petition of appeal as to this part of the grounds for appeal and there is no ground for appeal to the appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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