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(영문) 대법원 2013.04.25 2013도2873

살인

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged were guilty on the grounds stated in its reasoning, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on mental and physical disability based on its stated reasoning, and it did not err by misapprehending the legal principles as to the mental and physical disorder as

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

In addition, the remaining grounds of appeal are only asserted in the grounds of appeal that the defendant did not consider it as the grounds of appeal or that the court below did not consider it as the subject of judgment ex officio, and it cannot be a legitimate ground of appeal

Furthermore, even upon examining records, the lower court did not err by misapprehending the legal doctrine as alleged in 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.