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(영문) 대법원 2017.12.28 2017도17128
존속살해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the record on the Defendant’s case, the lower court, on the grounds indicated in its reasoning, found that the Defendant was in a state of mental and physical loss at the time of committing the instant facts charged (excluding the guilty portion)

The decision is justified and acceptable.

In so doing, there were no errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the loss of mind and body.

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

2. As long as the prosecutor files an appeal against the Defendant’s medical care and custody application case, the appeal is deemed to have been filed as to the medical care and custody application case. However, the grounds of appeal are not indicated in the petition of appeal and the grounds of appeal are not indicated in the written appeal.

3. 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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