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(영문) 대법원 2015.08.13 2015도8573
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the accused case, the accused and the respondent for the attachment order (hereinafter “defendant”) appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In this case, the argument that the judgment of the court below contains an error of violation of the rules of evidence as to the defendant's mental disorder and intention of murder or an incomplete hearing is not a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

Meanwhile, considering various circumstances, such as the Defendant’s age and behavior intelligence and environment, records of the instant crime, motive, means and consequence of the instant crime, etc., the determination of the lower court’s sentence that sentenced the Defendant to life imprisonment cannot be deemed to be extremely unfair even when considering the circumstances asserted by the Defendant and the public defender.

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 final appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the petition of appeal.

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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