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(영문) 대법원 2014.04.30 2014도2646
살인미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, which maintained the reasoning of the court below, the court below was just in recognizing the part of the facts charged in this case, which is a behavior element of "bandon" under the name of the organization of violence, and did not recognize the attempted suspension. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and by misapprehending the legal principles as to the attempted suspension

In addition, the argument that there was no intention to commit murder is justifiable 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 the subject of judgment ex officio, and it is not a legitimate ground of appeal, and even if examining the record, it is justifiable for the court below

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the sentencing of the sentence

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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