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(영문) 대법원 2018.02.28 2017도21647
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that all of the charges of this case was guilty on the grounds stated in its reasoning is justifiable, and there is no error of law by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence, contrary to logical and empirical rules.

Meanwhile, the argument that there is an error of trial in the judgment below as to mental disorder among the grounds for appeal is not a legitimate ground for appeal, as it is alleged by the defendant only for the grounds of appeal that the court below did not consider it as a subject of judgment ex officio.

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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