beta
(영문) 대법원 2013.04.25 2013도2677

살인미수등

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 found the Defendant guilty of attempted murder among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical

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 the mental and physical disorder on the grounds of its stated reasoning, and it did not err by misapprehending the legal doctrine regarding

In addition, the argument that the crime of attempted murder of this case constitutes a attempted crime shall not be a legitimate ground for appeal, as alleged in the ground of appeal by the defendant, or by the court below that the crime of attempted murder of this case was not subject to judgment ex officio.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.