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(영문) 대법원 2013.11.28 2013도11935
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder is just and there is no error of incomplete deliberation or misapprehension of legal principles as to mental and physical disorder.

In addition, considering the evidence duly adopted by the court of first instance by the court below and various circumstances, including the defendant's age, character and conduct, environment, family relationship, motive, means and progress of the crime, and circumstances after the crime, which are acknowledged by the records, the court below's measure of maintaining the judgment of first instance that sentenced the defendant to 15 years of imprisonment with prison labor is just and acceptable, and contrary to the allegations in the grounds of appeal, there are no errors in the law of unfair sentencing.

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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