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(영문) 대법원 2014.11.13 2014도11959
살인미수
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 the charge of murder on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the intent of murder or by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, pursuant 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 defendant’s punishment is too unreasonable

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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