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(영문) 대법원 2013.03.28 2013도1112
살인
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on murder

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted only mistake of facts and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the defendant was in a state of mental disorder cannot be a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor imprisonment with or without labor for the defendant has been imposed, the argument that the amount of punishment

2. As to the medical treatment and custody application case, as long as the defendant and the candidate for medical treatment and custody (hereinafter “defendant”) file an appeal against a prosecuted case, an appeal is deemed to have been filed regarding the medical treatment and custody application case.

However, there is no entry of reasons in the petition of appeal or 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.

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