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(영문) 대법원 2018.01.25 2017도17849
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the various circumstances that form the conditions for sentencing indicated in the record, 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., the determination of the lower court’s sentence that sentenced the Defendant to 17 years’ imprisonment with prison labor is extremely unfair even when considering the circumstances asserted by the Defendant and the defense counsel.

In addition, according to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment of the court below did not recognize mental disorder is not a legitimate ground for 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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