logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.09.27 2013도6290
살인미수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ ground of appeal on the attempted murder

A. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that the Defendant was guilty on the grounds indicated in its reasoning is justifiable, and there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

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, and thus, the determination of the sentence is unreasonable in this case where

In the same purport, the allegation that Article 51 of the Criminal Act was violated due to the failure to take into account all the circumstances on the condition of sentencing is not a legitimate ground for appeal.

B. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant guilty of attempted murder among the facts charged in this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the free evaluation of evidence against logical and empirical rules

2. As to the grounds of appeal by the prosecutor on the charge of murder, fraud, and attempted fraud among the facts charged against Defendant C, the conviction of Defendant guilty in a criminal trial ought to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, so insofar as there is no such evidence, the doubt of guilt against the Defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

On the other hand, the statutory penalty, such as murder, is grave.

arrow