logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.09.30 2016도10848
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant case in light of the evidence duly admitted by the lower court and the first instance court, the lower court was 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, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, without exhaust all necessary deliberations as alleged in the grounds of appeal, 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 defendant and the requester for attachment order (hereinafter "defendant")'s mental and physical disorder as to the nighttime larceny and larceny among the facts charged in the instant case, based on the circumstances in its reasoning, and there is no error as alleged in the grounds of appeal.

Meanwhile, the argument that the Defendant was physically and mentally deprived at the time of committing the crime of attempted murder of this case is not a legitimate ground for appeal, which is alleged by the Defendant as the ground for appeal or by the lower court as the subject of judgment ex officio.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding the claim for attachment order, in light of the record, the lower court, based on its stated reasoning, risk of recidivism by the Defendant.

It is reasonable to order the attachment of an electronic tracking device for a period of ten years, and there is no error as alleged in the grounds of appeal.

3. Therefore, all appeals are to be filed.

arrow