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(영문) 대법원 2017.12.28 2017도17843

강도예비등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in relation to the Defendant’s instant case, the lower court was justifiable to have found the Defendant guilty 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 exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

2. Examining the reasoning of the lower judgment in light of the record, the lower court, based on its stated reasoning, deemed that the need for medical treatment and the risk of re-offending by the Defendant and the requester of the medical treatment

It is reasonable to maintain the judgment of the first instance court ordering the treatment and custody as it is, and there is no error as alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.