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(영문) 대법원 2017.04.26 2017도2856
살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors 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 intent of murder.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the argument of the defendant and the requester for an attachment order (hereinafter “defendant”) on the mental and physical weakness based on the circumstances as stated in its reasoning, and there is no error as alleged in the grounds of appeal.

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

Therefore, it is just to order the attachment of an electronic tracking device for a period of ten years, and 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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