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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The lower court rejected Defendant’s mental and physical weakness on the grounds indicated in its reasoning.
In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on mental and physical weakness, contrary to what is alleged in the grounds of appeal.
In addition, examining various circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, which are acknowledged by the record, the lower court’s sentence that sentenced the Defendant to 10 years’ imprisonment with prison labor is extremely high even in light of the various circumstances asserted on the grounds of appeal.
there is a significant reason for appointment.
subsection (b) of this section.
On the other hand, the defendant voluntarily surrendered
Even if a person voluntarily surrenders can be mitigated or exempted by the court at its discretion (Article 52(1) of the Criminal Act). Thus, the court below did not reduce the number of self-denunciation.
in this case, it is not illegal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.