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(영문) 대법원 2017.12.07 2017도16191
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the facts against logical and empirical rules or by misapprehending the legal doctrine on mental disorder.

In addition, examining the following circumstances: the Defendant’s age, sex, environment, relationship with the victim, motive and consequence of the instant crime, and the circumstances after the commission of the crime, etc., there are significant grounds to recognize that the amount of punishment of the lower court, which maintained the first instance judgment that sentenced 12 years to imprisonment with prison labor, is extremely unfair even when considering the circumstances asserted by the Defendant and his defense counsel.

subsection (b) of this section.

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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