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(영문) 대법원 2019.10.31 2019도12116
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

It is merely the fact that the court can voluntarily reduce the punishment against a person who voluntarily surrenders under the Criminal Code, but the court below's failure to reduce the number of self-denunciation cannot be deemed illegal on the ground that the defendant voluntarily surrenders himself.

(2) Article 383 subparag. 4 of the Criminal Procedure Act provides that a person who has been sentenced to death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years shall be sentenced to an appeal on the ground of unfair sentencing. As such, in the instant case where a more minor sentence is imposed against the Defendant, the argument that the amount of punishment imposed 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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