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(영문) 대법원 2013.11.14 2013도11280
살인미수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of 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 holding, and there were no errors in the misapprehension of legal principles as to intentional murder or participatory trial procedure, beyond the bounds of the principle of free evaluation of evidence.

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the argument about the mental and physical disorder of the above defendant on the grounds as stated in its reasoning, and there is no error

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 above defendant was sentenced to a minor punishment, the argument that the amount of punishment is unfair

2. As to Defendant B’s grounds of appeal on the grounds of unfair sentencing under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where the court below rendered a sentence of death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years. Thus, the argument that the above Defendant’s punishment is too unreasonable is not legitimate grounds of appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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