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(영문) 대법원 2016.08.25 2016도10100
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

In such cases, the argument that the judgment of the court below did not recognize the mental disorder of the defendant is not a legitimate ground for appeal.

B. In addition, even if we look at the judgment below, there is no error of law as alleged in the grounds of appeal.

In addition, in full view of the following circumstances: Defendant’s age character and conduct, intelligence and environment, relationship with victims, motive and consequence of the instant crime, and various circumstances that are conditions for sentencing as indicated in the records, such as the circumstances after the commission of the crime, there is a substantial reason to recognize that the lower court’s determination of punishment, which maintained the first instance judgment that sentenced the Defendant to imprisonment with prison labor, is extremely unfair even when considering the circumstances alleged in

shall not be deemed to exist.

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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