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(영문) 대법원 2016.06.09 2016도4810
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning in light of the record, the court below is just in rejecting the defendant's assertion about the mental and physical disorder on the grounds as stated in its reasoning, and there is no error of misunderstanding of facts or misunderstanding of legal principles as to the

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 15 years’ imprisonment with prison labor, is extremely unfair, even when considering the circumstances asserted by the Defendant and the national defense counsel.

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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