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(영문) 대법원 2014.04.10 2014도2362
살인미수등
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 court below, the court below was just in finding the Defendant guilty of attempted murder of this case on the grounds as stated in its reasoning, and there was no error by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on intentional murder.

Meanwhile, the argument that the court below violated the principle of balanced criminal punishment and the principle of responsibility in determining the punishment against the defendant is ultimately an assertion of unreasonable sentencing, which is the purport of disputing the determination of punishment by the court below.

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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the determination of the sentence by the court below is unreasonable, including

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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