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(영문) 대법원 2013.07.11 2013도5321

살인미수등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of attempted murder among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by violating the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles as to murder.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no violation

In addition, pursuant to 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 more 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 amount of punishment is unreasonable

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