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(영문) 대법원 2014.06.12 2014도4448
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant's argument on the grounds of appeal of unfair sentencing along with the grounds of appeal of unfair sentencing is apparent, and the court below rejected the defendant's appeal on the grounds of unfair sentencing only by viewing the defendant's grounds of appeal as the grounds of unfair sentencing. It can be seen that the defendant dismissed the defendant's appeal without

However, even if examining the record, it is difficult to view that the defendant was in the state of mental disorder at the time of committing the instant crime, and the omission of the judgment by the court below does not affect the conclusion of the

In addition, the argument that the defendant was in a state of mental disorder at the time of committing the instant crime is already accepted by the first instance court and the lower court, so it cannot be viewed as a legitimate ground for appeal.

In addition, examining various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age and behavior environment, relationship with the victim, motive, means and consequence of the instant crime, etc., the determination of the lower court’s sentence that sentenced the Defendant to 10 years of imprisonment cannot be deemed to be extremely unfair.

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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