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(영문) 대법원 2017.03.15 2016도21497
살인등
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of first instance, and asserted violation of law or misunderstanding of legal principles on the grounds of appeal, but withdrawn his allegation other than the unfair sentencing on the first trial date of the court below.

In such a case, the argument that the court below erred by misunderstanding facts or not recognizing mental or physical weakness is not a legitimate ground for appeal.

In addition, examining various circumstances, such as the Defendant’s age, character and conduct, environment, relationship with victims, motive, means and consequence of each of the instant crimes, and circumstances after the commission of the crime, there are significant grounds to recognize that the lower court’s sentencing, which maintained the first instance judgment that sentenced the Defendant for a period of 14 years and six months, was extremely unfair, even when considering the circumstances asserted by the Defendant.

subsection (b) of this section.

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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