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(영문) 대법원 2019.01.17 2018도18225
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 with respect to the prosecuted case, the lower court is justifiable to have convicted the Defendant of the facts charged of the instant case (excluding the part not guilty in the grounds for appeal) on the grounds indicated

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on intentional murder or attempted murder.

In addition, considering various circumstances, such as the defendant's age and behavior intelligence and environment, relationship with victims, motive means and consequence of the crime of this case, the circumstances after the crime of this case, etc., the sentencing of the court below that sentenced 15 years to the defendant cannot be deemed to be extremely unfair even if considering the circumstances asserted in the ground of appeal.

2. Examining the record regarding the request for attachment order, it is justifiable for the lower court to maintain the first instance judgment that ordered the person subject to the request for attachment order to attach an electronic tracking device for 30 years by deeming that the person subject to the request for attachment order is likely to recommit a crime, based

There is no error 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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