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(영문) 대법원 2019.02.28 2018도20708
존속살해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the Defendant’s and the requester for medical treatment and custody (hereinafter “Defendant”)’s assertion on the defectiveness of the Defendant’s and the requester for medical treatment and custody (hereinafter “Defendant”)

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of legal principles as to sentencing is ultimately an unreasonable sentencing argument.

However, examining various circumstances, such as the Defendant’s age, character, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, etc., the sentencing of the lower court, which maintained the first instance judgment that sentenced the Defendant to 10 years of imprisonment, is too unreasonable even when considering the circumstances asserted in the grounds of appeal.

2. When a defendant files an appeal against a prosecuted case regarding a medical treatment and custody application case, the medical treatment and custody application case shall be deemed to have been filed by an appeal.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of 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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