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(영문) 대법원 2017.09.07 2017도10327
존속살해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and stated on the notice of reasons for appeal that "the sentence of the court below is too unreasonable because it is too large," and "the defendant committed the crime of this case in this case in the state of mental and physical loss or mental weakness (e.g., the state of mental and physical disorder or mental disorder)." However, there is no assertion about mental and physical disorder in the contents of the reasons for appeal, and there is no argument that the sentencing of the judgment of the court of first instance is unfair, and the defendant appealed from the judgment of the court of first instance on the date of the

I reveal that the statement was made.

Ultimately, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment of the court below erred in omission of judgment as to mental disorder is not a legitimate ground for appeal.

In addition, the argument that the court below's determination of sentencing did not fully consider the grounds for sentencing, such as substantial number of defendants, and that there was an error of violation of the law without considering such factors as the violation of the law, constitutes an unfair

However, examining various circumstances, such as the Defendant’s age, sex, environment, relationship with the victim, motive and consequence of the instant crime, the circumstances after the instant crime, etc., there are substantial grounds for recognizing the lower court’s sentencing, which maintained the first instance judgment that sentenced 20 years imprisonment to the Defendant, even if considering the circumstances asserted by the Defendant and his/her defense counsel, such as the Defendant’s absence of criminal history, recognition of the crime, depth against the Defendant, and the bereaved family members want to take advantage of the circumstances asserted by the Defendant and his/her defense counsel.

subsection (b) of this section.

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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