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(영문) 대법원 2019.10.18 2019도10283
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground of appeal.

The argument that the judgment of the court below contains an error of exceeding the inherent limit of sentencing discretion is ultimately an allegation of unfair sentencing.

However, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., it cannot be deemed that the lower court maintained the first instance judgment that sentenced the Defendant to 12 years of imprisonment, even if considering the circumstances asserted 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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