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(영문) 대법원 2013.06.28 2013도4860
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of attempted murder among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the legal principles of logic and experience.

In addition, the argument that there is an error of law by failing to exhaust all necessary deliberations or by misapprehending legal principles on the existence and degree of mental disorder is not a legitimate ground for appeal, which is alleged in the ground for appeal by the defendant as the ground for appeal or by the court below's ex officio decision

In addition, 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. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unfair

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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