성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the assertion regarding the attempted suspension of the Defendant and the person who requested an attachment order and the candidate for medical treatment and custody (hereinafter “Defendant”), based on the circumstances indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending
In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued for the misunderstanding of facts, misunderstanding of legal principles, unreasonable sentencing, and mental and physical disability as the grounds for appeal.
In such a case, the argument that the judgment of the court below did not recognize the defendant's mental disorder is unlawful, is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or that it was not subject
In addition, the defendant's assertion that he was in a state of mental disorder at the time of committing the crime is already accepted by the court below, so it cannot be viewed as a legitimate ground
Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of the punishment is unreasonable
2. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.
However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.
3. An appeal regarding a case claiming medical treatment and custody is filed when a defendant files an appeal against a prosecuted case.