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(영문) 대법원 2017.04.13 2017도1806
강도상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the records on the Defendant’s case in light of the records, the lower court rejected the Defendant’s and the person who requested the attachment order (hereinafter “Defendant”)’s mental and physical weakness based on the circumstances indicated in its reasoning, and did not err by misapprehending the legal doctrine as to the mental and physical weakness, as otherwise alleged in the grounds of appeal.

2. With respect to a request for attachment order, the lower court, in full view of all the circumstances indicated in the Defendant’s age, character and conduct, environment, and criminal record, as well as the motive, means, and consequence of each of the instant crimes, and the circumstances after the commission of the crime, has the risk of

The judgment of the first instance court that ordered the attachment of an electronic tracking device for a period of three years was affirmed.

In light of the relevant legal principles and records, the lower court did not err in its judgment by misunderstanding the facts about the risk of recidivism or by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

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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