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(영문) 대법원 2017.07.18 2017도5351
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the charge of attempted murder, which is the primary charge, among the facts charged in the instant case, and acquitted the Defendant on the grounds that there was no evidence of crime.

The judgment below

Examining the reasoning of the judgment below in light of the record, the above determination is justifiable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the intentional act or the

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons 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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