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(영문) 대법원 2015.12.10 2015도16127
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the prosecuted case, the lower court is justifiable to have determined that all of the facts charged of this case is guilty on the grounds indicated in its reasoning.

There is no violation of the principle of free evaluation of evidence in violation of logical and empirical rules without exhaust all necessary deliberations.

Meanwhile, the argument that the judgment of the court below contains an error of mistake or misunderstanding of legal principles as to self-defense is not a legitimate ground for appeal, as alleged in the ground of appeal by the defendant and the requester for probation order, or the requester for medical treatment and custody (hereinafter “defendant”) as the ground for appeal, or not subject to judgment ex officio by the court below

In addition, the argument that the judgment of the court below contains an error of law in incomplete deliberation on basic facts for sentencing is ultimately an allegation of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. In light of various circumstances indicated in the records, such as the Defendant’s age, happiness and environment, relationship with the victim, motive, means and consequence of each of the instant crimes, and circumstances after committing the crime, it is justifiable for the court below to order the Defendant to be put on probation for 4 years on the ground that the Defendant is likely to recommit murder crimes.

Contrary to the allegations in the grounds of appeal, there are no errors.

3. Examining records on medical treatment and custody claims, the lower court needs to receive medical treatment at the medical treatment and custody facility for the reasons stated in its reasoning.

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