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(영문) 대법원 2016.07.07 2016도5993
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's assertion about mental and physical weakness on the grounds of its stated reasoning, and it did not err by failing to exhaust all necessary deliberations or by misapprehending the legal principles on mental and physical disorder as alleged in the grounds of appeal

In addition, considering various circumstances, such as the Defendant’s age character and conduct, intelligence and environment, relationship with victims, motive and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for a period of 12 years cannot be deemed as extremely unfair even when considering the circumstances asserted by the Defendant and the defense counsel.

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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