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(영문) 대법원 2016.04.15 2016도2205
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's argument about mental and physical weakness on the grounds of its stated reasoning is just, and there is no error of law by failing to exhaust all necessary deliberations or by misapprehending legal principles on mental and physical disorder as alleged in the

In addition, the argument that the court below's determination of sentencing contains an error of law that deviates from the limit of the discretion of sentencing, such as the principle of substantial deliberation and balance of crimes and the principle of responsibility, constitutes an unfair argument of sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too 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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