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(영문) 대법원 2019.07.25 2019도6902
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of attempted murder and murder among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding the request for attachment order, in light of the record, the lower court maintained the first instance judgment ordering the Defendant to attach an electronic tracking device for ten years, deeming that the Defendant is likely to recommit murder.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the risk of recommitting murdering, or by exceeding the discretion regarding the period of attachment.

3. The Defendant’s final appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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