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(영문) 대법원 2013.11.28 2013도11701
존속살해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the following circumstances: (a) the Defendant’s age, character, intelligence, and environment; and (b) the motive, means, and consequence of each of the instant crimes; and (c) the circumstances after the commission of the crime, etc., the determination of the sentence of the lower court that maintained the first instance court sentenced 15 years to imprisonment with prison labor for the Defendant and the applicant for medical treatment and custody (hereinafter “Defendant”), even when considering the circumstances asserted by a state appointed defense counsel, cannot be deemed as significantly unreasonable.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's argument about the mental disorder and recognized that the defendant was in a state of mental disorder at the time of committing the crime, and there is no error of mistake or misapprehension of legal principles

2. When a defendant files an appeal against a prosecuted case with respect to 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, the grounds of appeal were not submitted.

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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