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(영문) 대법원 2016.09.08 2016도10123
강도살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of robbery among the facts charged in the instant case, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on robbery.

In addition, in light of the various circumstances indicated in the records, such as the background leading up to each of the crimes in this case, the method of crime, the defendant's act before and after the crime, and the circumstances after the crime, the defendant does not seem to have a mental and physical state at the time of each of the crimes in this case, and therefore, the judgment of the court below did not recognize a mental and physical disorder.

In addition, examining all of the sentencing conditions in the instant case, such as the Defendant’s age, intelligence and environment, family relations, motive, means and process of committing a crime, circumstances after committing a crime, and relationship with victims, it is extremely unreasonable to maintain the first instance judgment that sentenced the Defendant to 30 years of imprisonment with prison labor even when considering the circumstances asserted by the Defendant.

2. As to the claim for attachment order, the argument that the lower court erred by misunderstanding of facts or misunderstanding of legal principles as to the risk of recidivism of murder crimes is alleged to the effect that the Defendant did not have any ground for appeal, and thus, it cannot be a legitimate ground for appeal.

Furthermore, even after examining records, there is no error as claimed in the judgment below as the grounds for appeal.

In addition, the argument that the attachment order of the electronic device against the defendant is improper because it is too excessive shall not be a legitimate ground for 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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