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(영문) 대법원 2018.06.28 2018도6304
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles as to murder, intentional defense by a political party, or excessive defense by a political party in violation of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles as to excessive defense.

In addition, in full view of the circumstances indicated in the records, such as the background leading up to the instant crime, the method of committing the instant crime, and the Defendant’s act before and after the instant crime, the instant crime was committed in a state of mental disorder.

We agree with the court below's measures that cannot be seen.

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 prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, in this case where a more minor sentence is imposed against the Defendant, the argument that the Defendant’s punishment 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.

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