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(영문) 대법원 2020.12.30 2020도14363
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court upheld the first instance judgment convicting the Defendant of the instant facts charged (excluding the part concerning innocence).

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 against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of mental and physical disorder

Examining various circumstances that are conditions for sentencing, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., as indicated in the records, it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 22 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to order the Defendant to attach an electronic tracking device for ten (10) years, considering the risk of recidivism, on the grounds as stated in its reasoning, and there is no error in the misapprehension of the

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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