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(영문) 대법원 2013.04.25 2013도2466
살인등
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 below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no error

The argument that the court below erred in the misapprehension of legal principles as to self-defense or excessive self-defense, or incomplete deliberation is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground of appeal or that the court below did not consider it as an

In addition, even if the record is examined, the defendant's crime of this case cannot be deemed as self-defense or excessive self-defense. Therefore, this part of the ground of appeal cannot be accepted.

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 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 amount of

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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