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(영문) 대법원 2016.07.27 2016도7207
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's argument about mental and physical weakness on the grounds of its stated reasoning, and there is no error of law as alleged in the grounds of appeal.

In addition, even if the defendant voluntarily surrenders to the police due to the reason for voluntary mitigation of punishment, it is not illegal that the court below did not specify the reason for the voluntary mitigation of punishment.

of this case, there is an error of omission of judgment

shall not be deemed to exist.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for 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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