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(영문) 대법원 2016.12.15 2016도16345
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 argument of the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) on the part of the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”), and there is no error of law

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, etc., it cannot be deemed that the lower court’s maintenance of the first instance judgment that sentenced the Defendant 15 years imprisonment with prison labor is extremely unfair.

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

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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