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(영문) 대법원 2016.05.12 2016도3963

살인미수등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the first instance court, it is justifiable for the lower court to have found the Defendant guilty of attempted murder among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical weakness on the grounds stated in its reasoning, and there is no error of not recognizing mental and physical disorder

B. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed. As such, in this case where a minor sentence has been imposed against the Defendant, the argument that the sentence is too unreasonable is not 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.