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(영문) 대법원 2018.10.04 2018도11526
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below contains an error of law such as violation of the law, violation of the rules of evidence, incomplete deliberation, or mistake of facts without considering the reason under Article 51 (Conditions of Sentencing) of the Criminal Act is ultimately an unfair argument of sentencing.

However, considering various circumstances, such as the Defendant’s age character and conduct, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, the determination of the lower court’s sentence that sentenced the Defendant for 20 years to imprisonment with prison labor cannot be deemed as extremely unfair, even in light of the circumstances asserted by 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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