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(영문) 대법원 2016.04.29 2016도1266
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court rejected the Defendant’s assertion on the Defendant’s mental and physical loss on the grounds as indicated in its reasoning.

In light of the evidence, the lower court did not err by misapprehending the legal doctrine on mental and physical loss or by failing to exhaust all necessary deliberations, as alleged in the grounds of 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 prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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