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(영문) 대법원 2014.12.11 2014도12922
살인미수
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 by the lower court, the lower court is justifiable to have determined that the instant facts charged were guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

In addition, examining the circumstances revealed in the records, such as the background leading up to the instant crime, the method of crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, it is recognized that the Defendant had the ability to discern things or make decisions at the time of the instant crime, but it does not seem that the Defendant had the ability to do so, and therefore, the allegation in the grounds of appeal that there was an error in the judgment of the lower court as to the

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

2. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in light of the medical treatment and custody claim claim, the lower court is justifiable to have determined that the Defendant needs to receive medical treatment at a medical treatment and custody facility and that there is a risk of recidivism, and there is no error of law as alleged

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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