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(영문) 대법원 2016.12.29 2016도17827
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of murder among the facts charged in the instant case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

In addition, considering the various circumstances, such as the age, behavior and environment of the defendant and the person subject to the request for attachment order (hereinafter “defendants”), relationship with the victim, motive means and result of the instant crime, and circumstances after the crime, etc., it is extremely unreasonable to maintain the first instance judgment that sentenced the Defendant to 30 years imprisonment with prison labor, even when considering the circumstances asserted by the defendant and his defense counsel.

2. The argument that the attachment order of an electronic tracking device is improper is not a legitimate ground for appeal, as it is asserted by the defendant to the court of final appeal that it was not subject to a judgment ex officio by the court below.

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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