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(영문) 대법원 2018.10.04 2018도11270
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the various circumstances surrounding the Defendant’s case, including the age and character environment of the Defendant and the person who requested the custody order and the person who requested the attachment order (hereinafter “Defendant”), relationship with the victim, motive means and consequence of each of the instant crimes, and the circumstances after the commission of the crime, etc., it is extremely unfair to maintain the first instance judgment that the lower court sentenced the Defendant to 30 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the record, the lower court’s need for medical treatment and risk of re-offending against the Defendant for reasons indicated in its holding

It is reasonable to maintain the judgment of the first instance court ordering the treatment and custody as it is, and there is no error of law as alleged in the grounds of appeal.

3. Examining the reasoning of the lower judgment regarding the claim for attachment order, in light of the record, the lower court, based on its stated reasoning, risk of recidivism by the Defendant.

The judgment of the court of first instance ordering the attachment of an electronic tracking device for ten years is just, and there is no violation of law as alleged in the grounds of appeal.

4. 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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