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(영문) 대법원 2014.06.12 2014도4739
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted, the lower court is justifiable to have determined that the Defendant was guilty of attempted murder among the facts charged in the instant case on the grounds stated in its reasoning, and to have rejected the assertion on the defectiveness. In so doing, the lower court did not err by exceeding the bounds of the principle

Meanwhile, the argument that the judgment of the court below contains a violation of the rules of evidence, incomplete hearing, or misapprehension of the legal principle as to intimidation in the crime of intimidation is not a legitimate ground for appeal, since the defendant and the person applying for medical treatment and custody (hereinafter referred to as the "defendant") have no ground for appeal, or the court below did not consider it as subject to an ex officio

In addition, the argument that the court below committed the violation of the rules of evidence, incomplete deliberation, and misapprehension of the legal principle as to the conditions of sentencing in determining the punishment against the defendant falls under the argument of unfair sentencing. Accordingly, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the defendant's punishment is too unreasonable is not a legitimate

2. As long as a defendant files an appeal against a prosecuted case regarding a medical treatment and custody application case, the defendant is deemed to have filed an appeal against the medical treatment and custody application case, but the grounds of appeal were not presented.

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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