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(영문) 대법원 2017.09.21 2017도11249
살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and argued the misunderstanding of facts as well as unfair sentencing on the grounds of appeal, but revoked the grounds for appeal of mistake of facts on the second trial date of the court below.

In such a case, the argument that the defendant was in a state of mental disorder at the time of the crime of this case is not a legitimate ground for appeal.

In addition, examining various circumstances, such as the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, which are acknowledged by records and evidence, the sentencing of the court below that sentenced the defendant for 10 years of imprisonment is too unreasonable even if considering the various circumstances asserted by the defendant and his defense counsel on the grounds of 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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