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(영문) 대법원 2013.12.12 2013도11614
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The allegation in the grounds of appeal that the lower court’s judgment erred in incomplete deliberation as to sentencing conditions constitutes an allegation of unfair sentencing.

However, examining various circumstances, such as the age and behavior environment of the Defendant and the applicant for medical treatment and custody (hereinafter “Defendant”), relationship with victims, motive and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the sentence of the lower court that maintained the first instance judgment that sentenced the Defendant to 13 years of imprisonment cannot be deemed to be extremely unfair.

2. As long as the defendant files an appeal against a prosecuted case regarding a medical treatment and custody application case, the appeal is deemed to have been filed regarding the medical treatment and custody application case, but the appellate brief does not state the grounds for appeal and does not state the grounds for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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