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(영문) 대법원 2015.09.24 2015도11884
살인미수등
Text

All appeals are dismissed.

In the indication of the case name of the lower court, the term “Attempted murder” shall be deemed to have been partly preliminary.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of attempted murder of the victim of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the intent

In addition, pursuant to 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 amount of punishment is unreasonable

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have rendered a not-guilty verdict on the instant conjunctive charges on the grounds stated in its reasoning, and there is no error of misapprehending the legal doctrine on the number of crimes, contrary to

3. Therefore, all appeals are dismissed. Since there is an obvious error in the indication of the case name of the judgment below, it is decided to correct it in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices

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