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(영문) 대법원 2015.05.28 2015도4668
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the prosecuted case, the lower court is justifiable to have determined that all of the facts charged of this case is guilty on the grounds indicated in its reasoning.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

In addition, examining the circumstances revealed in the records, such as the background leading up to each of the crimes in this case, the method of crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, it is not recognized that the defendant was in a state of mental disorder at the time of each of the crimes

In addition, according to 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. Regarding the request for attachment order, the court below is just to order the person subject to attachment order to attach an electronic tracking device for 10 years, considering the following circumstances comprehensively considering the age, happiness and environment of the person subject to the request for attachment order, the motive, means and consequence of each of the crimes of this case, and the circumstances after the crime. There is no error in the misapprehension of the legal principles as otherwise 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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