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(영문) 대법원 2018.03.27 2018도1718
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, the lower court’s rejection of the Defendant’s mental and physical disorder is justifiable and did not err as otherwise alleged in the appeal

The argument that the lower court erred by mistake of facts in the determination of sentencing is ultimately an unreasonable argument in sentencing.

Examining various circumstances, such as the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, as indicated in the record, the sentencing of the lower court, which sentenced 20 years to the Defendant, 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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