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(영문) 대법원 2015.10.29 2015도13268
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to a prosecuted case, the court of final appeal is ex post facto review of the decision of the appellate court, matters which are not subject to the adjudication of the appellate court are not subject to the scope of the adjudication of the court of final appeal, and thus, the defendant cannot be considered as the ground of final appeal as to the grounds other than those which the appellate court

(See Supreme Court Decisions 2006Do2104 Decided June 30, 2006 and 2008Do3808 Decided July 24, 2008, etc.). The allegation that there was an error of mistake in the judgment of the court below is a legitimate ground for appeal merely because the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") against the judgment of the court of first instance (hereinafter referred to as the "defendant") file a petition for final appeal with the court of final appeal as to matters not considered by the court of first instance on the ground of unreasonable sentencing.

Furthermore, even in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the charge of this case, and there is no violation of law as alleged in the grounds of appeal

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. Examining the reasoning of the lower judgment regarding the request for attachment order 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 that the Defendant was at risk of repeating a crime of murder, based on its stated reasoning, and there is no

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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