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(영문) 대법원 2014.11.27 2014도12864
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, the lower court’s rejection of the Defendant and the person requesting an attachment order (hereinafter “Defendant”)’s mental and physical disorder based on the circumstances indicated in its reasoning is justifiable, and there is no error of law as otherwise alleged in the grounds of appeal.

In addition, examining various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and progress of the crime, and circumstances after the crime, the lower court cannot be deemed to have sentenced the Defendant to 18 years of imprisonment.

2. The court below is just in maintaining the judgment of the court of first instance that ordered the defendant to attach an electronic tracking device for 20 years, considering that the defendant's risk of repeating the crime of murder exists, and there is no violation of law as alleged in the grounds of appeal.

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

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