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(영문) 대법원 2016.08.18 2016도7747
살인미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the reasoning of the lower judgment in relation to the grounds of appeal that there was an error in the deliberation of the lower court in determining the sentencing or in violation of the essential contents of the principle of accountability, the allegation of the grounds of appeal above constitutes an unfair argument of sentencing.

Therefore, under 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 not less 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 the punishment is unfair, including the above argument, is not a legitimate

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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