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(영문) 대법원 2019.01.31 2018도18854
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the following circumstances: (a) the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”)’s age, criminal record, character and conduct, environment, relationship with the victim; and (b) motive and consequence of each of the instant crimes; and (c) the motive and consequence of each of the instant crimes; and (d) the circumstances subsequent to the commission of the crime, etc., the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced 25 years to the Defendant, cannot be deemed to be extremely unfair, even if

2. 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 15 years by deeming that the risk of recidivism exists, on the grounds indicated in its reasoning. In so doing, it did not err by

3. 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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