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(영문) 대법원 2017.02.03 2016도19362

살인미수

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on intentional murder.

In addition, the argument that the investigation procedure is illegal among the grounds for appeal is not a legitimate ground for appeal since the defendant claims that it is based on appeal or that it is not subject to the judgment by the court below ex officio.

Meanwhile, according to Article 383 subparagraph 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 is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair shall not be 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.