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(영문) 대법원 2020.07.23 2020도6212
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court rejected the Defendant’s assertion on mental and physical disability as to the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) and the attempted murder.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the commencement and intent of, or mental and physical disorder in the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape).

In addition, in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the order of employment restriction in determining that the lower court imposed an employment restriction order on the Defendant, considering that there are no special circumstances

2. Examining the reasoning of the lower judgment regarding the claim for attachment order in light of the record, it is justifiable for the lower court to maintain the first instance judgment ordering the Defendant to attach an electronic tracking device for ten years, deeming that the risk of recidivism exists, on the grounds as stated in its reasoning. In so doing, it did not err

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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