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(영문) 대법원 2015.08.27 2015도9435
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant asserted the mental disorder of the defendant in the statement of grounds for appeal along with unfair sentencing, and the court below did not render any judgment as to the allegation of mental disorder on the trial date of the court below.

However, even after examining the record, the defendant does not seem to have been in the state of mental or physical disability at the time of committing each of the crimes in this case, and such omission of judgment did not affect the conclusion of the judgment.

In addition, considering the following circumstances, considering the Defendant’s age and behavior intelligence and environment, relationship with victims, motive means and consequence of the instant crime, the circumstances after the crime, etc., the determination of the sentence of the lower court that maintained the first instance judgment that declared life imprisonment cannot be deemed to be extremely unfair even if considering the circumstances asserted in the ground of appeal.

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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