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(영문) 대법원 2015.07.09 2015도4485
살인미수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the grounds of appeal by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the Defendant appealed against the judgment of the first instance and asserted only erroneous determination of facts as to the intention of murder and unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment of the court below contains an error of incomplete deliberation or mistake of facts cannot be a legitimate ground for appeal.

2. As to the Prosecutor’s ground of appeal

A. Examining the reasoning of the lower judgment in light of the records, it is justifiable to reverse the first instance judgment convicting the Defendant on the charge of attempted murder among the facts charged in the instant case on the grounds stated in its reasoning, and to have judged the Defendant guilty as not guilty of the reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

On the other hand, although the prosecutor appealed to the entire defendant's case, there is no indication of the grounds for appeal as to the guilty portion, nor there is no statement of the grounds for appeal as to the grounds for appeal.

B. As to the case of the request for attachment order, a prosecutor’s appeal is deemed to have been filed regarding the case of the case of the defendant’s appeal.

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

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

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