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(영문) 대법원 2017.03.09 2016도16523
살인예비
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the preparation for murder among the facts charged in the instant case.

The judgment below

Even if examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the constituent elements of the crime of preliminary murder.

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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