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(영문) 대법원 2015.03.12 2015도773
살인미수등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court’s finding the Defendant guilty of violating the Punishment of Violences, etc. Act (a collective weapon injury) among the facts charged in the instant case on the grounds indicated in its reasoning is justifiable, and it did not err by exceeding the bounds of the free evaluation of evidence against logical and empirical rules.

2. Furthermore, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is extremely unreasonable only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. As such, in the instant case where the Defendant was sentenced to imprisonment with prison labor for more than two years and confiscation penalty, the argument that the sentence is too unreasonable cannot

3. 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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