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(영문) 대법원 2019.09.25 2019도10077

살인등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining various circumstances, regarding the accused case, including the age and conduct environment of the person against whom the attachment order was requested (hereinafter “defendant”), the relationship with the victim, the motive and means of committing the instant crime and the result thereof, and the circumstances after committing the instant crime, it cannot be deemed that the lower court maintained the first instance judgment that sentenced the Defendant 20 years of imprisonment, even if considering the circumstances asserted in the grounds of appeal.

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the record, the lower court is justifiable in maintaining the first instance judgment ordering the Defendant to attach an electronic tracking device for 15 years, deeming that the risk of recidivism exists, and there was no error as otherwise 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.