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(영문) 대법원 2013.09.26 2013도9035
존속살해미수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted by the first instance court as to the prosecuted case in light of the relevant legal principles, the lower court’s finding the Defendant guilty of the facts charged as stated in its reasoning is acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles as to the commencement of the crime of attempted death, or by misunderstanding the facts in violation of logical and empirical rules.

In addition, examining the reasoning of the judgment below in light of the records, it is acceptable that the court below rejected the argument of the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") on the defectiveness of the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants"), and recognized only the mental disorder, and there is no

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

2. If a defendant files an appeal against a prosecuted case regarding a medical treatment and custody claim, the defendant shall be deemed to have filed an appeal against the medical treatment and custody claim case.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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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