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(영문) 대법원 2015.10.29 2015도13082
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of attempted murder among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the argument of the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") on the mental and physical disorder, and there is no violation of law as alleged in the grounds of appeal

Furthermore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

Other grounds of appeal are not legitimate grounds of appeal, as they are alleged in the grounds of appeal by the defendant or by the court below that they were not subject to judgment ex officio.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.

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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