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(영문) 대법원 2014.09.26 2014도9241
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's assertion on the mental disorder on the grounds as stated in its reasoning is just, and there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on mental disorder.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced, and thus, in this case where a more minor sentence is imposed on the defendant, the argument that the sentencing of the

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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