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(영문) 대법원 2019.09.25 2019도9776
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court affirmed the first instance judgment convicting the Defendant of the instant facts charged (excluding the part not guilty of the grounds for appeal) on the grounds as indicated in its reasoning.

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 the legal doctrine on attempted murder and intent in special injury crimes.

In addition, examining various circumstances that form the conditions for sentencing as indicated in the records, such as the age, conduct, intelligence, and environment of the defendant and the person subject to a request for attachment order (hereinafter “the defendant”), relationship with the victims, the motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., even if considering the circumstances asserted in the grounds for appeal, it is extremely unfair to maintain the judgment of the first instance court that sentenced the defendant to 10 years of imprisonment.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to maintain the first instance judgment ordering the Defendant to receive medical treatment and custody, on the grounds as stated in its reasoning, on which the need for medical treatment and custody and the risk of recidivism exist, and there

3. Examining the reasoning of the lower judgment regarding the claim for attachment order in light of the record, it is justifiable for the lower court to have maintained the first instance judgment ordering the Defendant to attach an electronic tracking device for twenty (20) years, on the grounds as stated in its reasoning, and there is no error as otherwise alleged in the grounds of appeal.

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

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