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(영문) 대법원 2016.02.18 2015도20013
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant A’s grounds for appeal, the lower court is justifiable to have determined that Defendant A was guilty of all of the charges of murder, attempted murder, and special intimidation among the charges of this case, on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of free evaluation of evidence, contrary to what is alleged in

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject Defendant A’s mental and physical disability assertion based on the circumstances as stated in its reasoning, and there is no violation

In addition, pursuant to 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 has been imposed, an appeal is permitted based on unfair grounds for sentencing. As such, in this case where a minor sentence has been imposed against Defendant A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the reasoning of Defendant B’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant B was guilty of the facts charged in this case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the rules of logic and experience and exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds of 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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