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(영문) 대법원 2015.09.24 2015도12030
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the free evaluation of evidence or by misapprehending the legal principles

In addition, according to the records, the defendant asserted the mental and physical disability of the defendant in the statement of grounds for appeal along with the unfair sentencing, and the court below did not render any judgment on the allegation of mental and physical disorder on the date of the original trial

However, even after examining the record, it seems that the defendant was in a state of mental disorder at the time of committing the instant crime, and such omission of judgment did not affect the conclusion of the judgment.

Meanwhile, considering the Defendant’s age, character, intelligence and environment, relationship with victims, motive means and consequence of the instant crime, and various circumstances that form the conditions for sentencing as indicated in the records, it cannot be deemed that the lower court’s determination of the sentence, which maintained the first instance judgment that sentenced the Defendant to 13 years of imprisonment, is extremely unfair even if considering the circumstances asserted in the grounds of 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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