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(영문) 대법원 2013.04.26 2013도2027
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly adopted by the court of first instance, it is justifiable to find the court below guilty of the facts charged of this case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no violation of logical and empirical rules and the principle of free evaluation of evidence.

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is also justifiable to have rejected the Defendant’s assertion on mental and physical disorder and excessive defense based on the circumstances as stated in its reasoning, and there is no violation of the legal doctrine as otherwise alleged in the

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is 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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