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(영문) 대법원 2016.05.12 2016도2789
살인미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court was justifiable to have convicted the Defendant of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by

Meanwhile, the argument that the lower court erred by misapprehending the legal doctrine on the defense of a political party is not a legitimate ground for appeal, which is alleged by the Defendant as the ground for appeal or by the lower court’s decision that it was not subject to a judgment ex officio.

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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