살인미수등
The appeal is dismissed.
The grounds of appeal are examined.
Examining the circumstances revealed in the record, such as the background leading up to the instant crime, method of crime, the act of the accused before and after the instant crime, and the circumstances after the instant crime, the Defendant was physically and physically in a state of mental weakness at the time of the instant crime.
Therefore, it is difficult to see that there is no error in the judgment of the court below that did not recognize mental and physical weakness, and there is no error in the misapprehension of necessary deliberation concerning mental and physical weakness as alleged in the grounds of appeal.
In addition, the argument that the judgment of the court below erred by misapprehending the legal principles on sentencing without considering the principle of balance of crimes or the principle of responsibility is an unfair argument in sentencing.
Therefore, under 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the allegation that the amount of the punishment is unfair does not constitute legitimate grounds for
Other grounds for appeal by the defendant do not constitute legitimate grounds for appeal under Article 383 of the Criminal Procedure Act.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.