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(영문) 대법원 2015.10.15 2015도11439
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In full view of the circumstances indicated in the record, such as the background leading up to the instant crime, method of crime, the criminal defendant’s act before and after the instant crime, and the circumstances after the instant crime, it is not recognized that the Defendant was in a state of mental and physical disability at the time of

In addition, the argument that the judgment of the court below erred by mistake of facts or misapprehension of legal principles on the background of the crime constitutes an unreasonable sentencing.

However, considering various circumstances, such as the Defendant’s age and behavior intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, it cannot be deemed that the lower court maintained the first instance judgment that sentenced the Defendant to 14 years’ imprisonment, even in light of the circumstances asserted by the Defendant and the public defender.

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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