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(영문) 대법원 2020.04.29 2020도2609
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecuted case, the lower court upheld the first instance judgment convicting the Defendant of the instant facts charged, on the grounds indicated in its reasoning.

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 misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on mental and physical disorder.

Examining various circumstances that are conditions for sentencing, such as the age and behavior environment of the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant"), relationship with the victim, motive means and consequence of each of the instant crimes, and circumstances after the crime, as indicated in the record, it is extremely unfair to maintain the judgment of the first instance court that sentenced the defendant 25 years to imprisonment, even in light of the circumstances asserted in the grounds for appeal.

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 determine that the Defendant is at risk of repeating a crime and order the attachment of an electronic tracking device for 20 years, and there is no violation of law as otherwise alleged

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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