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(영문) 대법원 2015.07.09 2015도6643

살인등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. In full view of the following circumstances as to the Defendant case and the person against whom the attachment order was requested (hereinafter “Defendant”), the Defendant’s age, intelligence, and environment, the relationship with the victims, the motive and consequence of each of the instant crimes, and the circumstances after the commission of the crime, etc., the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to 25 years of imprisonment, cannot be deemed to be extremely unfair even when considering the circumstances asserted by the Defendant.

2. Even if examining the evidence and the record regarding the request for attachment order, the lower court’s judgment, which maintained the first instance judgment that ordered the Defendant to attach an electronic tracking device for ten (10) years, deeming the risk of recidivism of murdering, did not err 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.