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(영문) 대법원 2016.02.18 2015도19103
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the reasoning of the lower judgment as to the Defendant’s instant case based on evidence, the lower court did not err by misapprehending the facts or by misapprehending the relevant legal doctrine, contrary to what is alleged in the grounds of appeal against logical and empirical rules.

In addition, according to the records, the defendant and the requester for the attachment order (hereinafter “defendants”) appealed against the judgment of the first instance court, and asserted that the facts were erroneous on the grounds of sentencing on the grounds of appeal, but all the grounds for appeal as to the misunderstanding of the remaining facts, excluding the misunderstanding of facts as to the attempted murder, on the second trial date of the lower court, have been withdrawn.

In such a case, the argument that there is an error of misunderstanding the legal principles or misunderstanding the fact that the judgment below was causing rape cannot be a legitimate ground for appeal.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not legitimate grounds for

2. As to the case of the request for attachment order, in a case where the defendant files a final appeal against the defendant's case, the appeal shall be deemed to have been filed.

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition 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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