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(영문) 대법원 2013.04.11 2013도2453

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing against a prosecuted case may be filed only when the court below rendered a sentence of death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years. As such, in the instant case where the defendant and the requester for medical treatment and custody (hereinafter “defendant”) were sentenced to a more minor sentence, an appeal is not allowed to be filed with the Supreme Court on the grounds that the defendant and the requester for medical treatment and custody (

2. Examining the reasoning of the lower judgment in light of the record, the lower court is justifiable to have determined that the Defendant requires medical treatment at a medical treatment and custody facility and that there exists a risk of re-offending, for the reasons indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the requirements

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.