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(영문) 대법원 2016.04.15 2016도1756
살인
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the Defendant’s case in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion as to the Defendant’s mental and physical disorder based on its stated reasoning, and it did not err by misapprehending the legal doctrine regarding the psychological disorder or

In addition, considering various circumstances, 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 punishment, which maintained the first instance judgment that sentenced the Defendant to 18 years’ imprisonment with prison labor, is extremely unfair, even when considering the circumstances asserted by the Defendant and the national defense counsel.

2. As to the case for which a request for attachment order is made, a final appeal shall be deemed to have been filed regarding the case for which the defendant filed a final appeal regarding the case of the defendant.

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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