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(영문) 대법원 2015.02.26 2014도17349

존속살해미수

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the instant facts charged were guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine

In addition, 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 permitted. Thus, in this case where the defendant and the requester for medical treatment and custody (hereinafter “defendant”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not legitimate grounds for

2. When a defendant files an appeal against a prosecuted case regarding a medical treatment and custody application case, an appeal shall be deemed filed regarding the medical treatment and custody application case.

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.