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(영문) 대법원 2018.08.30 2018도8818
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment below erred in violation of law or misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, the argument that there is an error in violation of the rules of evidence in the judgment of the court below is an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, a final appeal shall be allowed only for cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is declared.

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

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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