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(영문) 대법원 2016.05.12 2016도4031

살인미수등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the records on the Defendant’s case, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical weakness on the grounds as stated in its reasoning.

There is no error in the misapprehension of legal principles as to mental and physical weakness.

In addition, according to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final 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 is not a legitimate ground for appeal.

2. With respect to a case for which a request for attachment order is filed, a final appeal shall be deemed filed regarding the case for which the request for attachment order is filed, as long as the final appeal is filed against the defendant

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition of appeal.

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