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(영문) 대법원 2013.06.28 2013도5203
폭행치사등
Text

The appeal is dismissed.

Of the judgment of the court below, "shall be dismissed from the judgment of the court below" shall be dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the murder of assault among the facts charged in this case on the grounds as stated in its reasoning, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the predictability of the aggravated crime.

In addition, the argument that the defendant was in a state of mental disorder at the time of committing the crime is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or that the court below did not consider

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench that there is an obvious clerical error in the judgment of the court below, and it is corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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