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(영문) 대법원 2017.11.09 2017도14458
살인미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intentional murder,

In addition, examining the circumstances that led to the instant crime, such as the background leading up to the instant crime, method of crime, the act of the Defendant before and after the instant crime, and the circumstances after the instant crime, the Defendant was physically and mentally in a state of mental disorder at the time of the instant

Therefore, it is difficult to see that there is no error in the judgment of the court below that did not recognize mental and physical weakness, and there is no error in the misapprehension of legal principles on mental and physical weakness, or omission of judgment thereon, as alleged in the grounds of 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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