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(영문) 대법원 2017.10.26 2017도13023
살인
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant case, the argument that the lower court’s determination of sentencing did not err in the deliberation of basic facts for sentencing, logical rules and empirical rules, and mistake of facts constitutes an unfair argument for sentencing.

However, in the interpretation of Article 383 subparag. 4 of the Criminal Procedure Act, a prosecutor cannot assert the grounds for appeal that the determination of the lower court’s punishment is somewhat weak (see, e.g., Supreme Court Decision 2005Do1952, Sept. 15, 2005). 2. In a case where a prosecutor files an appeal against the Defendant’s case, if the prosecutor files an appeal against the case, the application for attachment order is deemed to have been filed.

However, there is no statement of reason in the petition of appeal and there is no statement of reason for appeal in the statement of reason for appeal.

3. Therefore, 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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