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(영문) 대법원 2015.10.15 2015도12709

강도상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the accused case, the defendant and the respondent for the attachment order (hereinafter only referred to as the "defendant") submitted a written appeal within the statutory period, and the appellate brief was also submitted. However, the accused case did not state any reasons in the written appeal and the appellate brief did not state any grounds for objection.

2. On the grounds indicated in its reasoning, the lower court rejected the allegation in the grounds of appeal regarding the need to order the Defendant to attach an electronic tracking device for a considerable period of time since the risk of committing robbery exists.

The allegation in the grounds of appeal is merely an error in the judgment of the court of fact-finding on the selection and probative value of evidence, which belongs to the free judgment of the court of fact-finding.

In addition, examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the risk of recidivism or by exceeding the bounds of the principle of free evaluation of evidence.

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