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(영문) 대법원 2016.06.09 2016도4335
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and argued only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of the legal principles as to murder cannot be a legitimate ground for appeal.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age character and character environment, relationship with the victim, motive means and consequence of the instant crime, and the circumstances after the crime, there is a substantial reason to acknowledge that the lower court’s determination of the sentence was extremely unfair, which maintained the first instance judgment that sentenced the Defendant to 12 years of imprisonment, even in consideration of the circumstances asserted by the Defendant and the national

subsection (b) of this section.

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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