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(영문) 대법원 2017.10.12 2017도11629
살인미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on attempted suspension.

In addition, pursuant to Article 383 subparagraph 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 more than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

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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