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(영문) 대법원 2014.06.12 2014도4580

살인미수등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, the lower court’s rejection of the Defendant and the person requesting an attachment order (hereinafter “Defendant”)’s mental and physical disorder based on the circumstances indicated in its reasoning is justifiable, and there is no error of law as otherwise alleged in the grounds of appeal.

In addition, examining various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and progress of the crime, and circumstances after the crime, the lower court cannot be deemed to have sentenced the Defendant to 15 years of imprisonment.

2. Examining the evidence duly admitted by the first instance court with respect to the request for attachment order, it is just that the lower court maintained the first instance court’s order to attach an electronic tracking device for 20 years, deeming that the Defendant is likely to recommit murder, and there is no error of law as otherwise alleged in the grounds of appeal.

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