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(영문) 대법원 2016.04.28 2016도3354
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the Defendant’s case in light of the records, the lower court is justifiable to have rejected the assertion on the mental and physical weakness of the Defendant and the requester for an attachment order (hereinafter “Defendant”) on the grounds stated in its reasoning, and there is no error of law as otherwise alleged in the grounds of appeal.

B. According to Article 383 Subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. As such, in the instant case where a minor sentence has been imposed against the Defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

2. As to the case for which a request for attachment order is made, a final appeal shall be deemed to have been filed regarding the case for which the defendant filed a final appeal regarding the defendant's case.

However, there is no statement of reason in the petition of appeal and there is no statement of reason for appeal in the statement of reason for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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