logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.03.24 2016도1283
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The grounds of appeal purporting to the effect that the defendant did not have awareness of the intention or possibility of death of murder shall not be a legitimate ground of appeal as it newly claims in the final appeal for the reason that the defendant was the ground of appeal at the original court or that the court below was not subject to judgment ex officio, and even in light of the evidence duly adopted, there is no error

In addition, the lower court rejected the allegation of the grounds for appeal regarding unfair sentencing, and maintained the sentence that the first instance court sentenced, on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of various circumstances that are conditions for sentencing as indicated in the records, such as the Defendant’s age character and character, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the crime, etc., there is a substantial reason to recognize the above judgment of the court below that the amount of punishment is extremely unfair even when considering the circumstances asserted by the national defense counsel.

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.

arrow