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(영문) 대법원 2020.05.14 2020도3117

살인미수등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The assertion that the lower court erred by misapprehending the legal principles as to the intention of murdering in the lower judgment is erroneous, is not a legitimate ground of appeal, since the Defendant and the person requesting probation order (hereinafter referred to as “Defendant”) have asserted only when it comes to the final appeal that the lower court did not consider it as the grounds for appeal or that it did not make it subject to

In addition, the argument that the judgment of the court below erred in applying sentencing guidelines without properly considering the grounds for sentencing favorable to the defendant is ultimately an argument of unfair sentencing.

However, under 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 not less 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 punishment

2. As to the case of request for probation order, in a case where the defendant files an appeal against the accused case, the appeal shall be deemed to have been filed as to the case of request for probation order.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection 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.