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(영문) 대법원 2016.03.10 2015도20416
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of murder among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the intent of murder, etc., by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no error of law by misunderstanding

Meanwhile, examining various circumstances, including the Defendant’s age character and conduct, intelligence and environment, relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the commission of the crime, there are substantial grounds to recognize that the amount of punishment of the lower court, which maintained the first instance judgment that sentenced 18 years to the Defendant, was extremely unfair, even when considering the circumstances asserted by the Defendant.

shall not be deemed to exist.

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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