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(영문) 대법원 2013.06.13 2013도4214
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court below in light of the records, it is just that the court below rejected the defendant and the respondent for an attachment order (hereinafter “defendant”)’s assertion on mental and physical disability based on the circumstances in its reasoning, and there is no violation of the rules of evidence as alleged in the grounds of appeal

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the instant crime, etc. as indicated in the record, even if considering the various circumstances asserted by the defense counsel, the determination of the lower court’s sentence that sentenced the Defendant to the 14-year imprisonment is extremely unfair does not appear to have a significant reason to recognize that the amount of the Defendant’s punishment is extremely unfair.

2. In full view of all the circumstances indicated in the records, such as the Defendant’s character and conduct, age, content of each of the instant crimes, motive and method of the crime, and circumstances after the crime, the lower court’s determination that the Defendant is in danger of re-offending is justifiable. In so determining, it did not err by misapprehending the legal doctrine on the mistake of facts or the risk of re-offending

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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