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(영문) 대법원 2017.12.28 2017도17654
살인예비등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment that found all the facts charged of the instant case guilty.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on murder preparation, murder preparation, and attempted murder, or conspiracy relation, contrary to what is alleged in the grounds of appeal.

According to Article 383 (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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground 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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