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(영문) 제주지방법원 2017.07.06 2017노194

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with mental and physical disorder, committed each of the crimes in this case under the condition of physical and mental loss or mental weakness due to proof and depression of alcohol.

B. Since the treatment, care and custody criminal defendant repeatedly commits the larceny due to the existence and depression of alcohol, it is difficult to lower the risk of recidivism by imposing imprisonment on the criminal defendant alone.

Therefore, the defendant should be sentenced to custody for the defendant.

(c)

The punishment of the court below (one year and six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. In light of the details, means, methods, and results of each crime as indicated in the judgment below, which was duly adopted and examined by the court below as to the assertion of mental and physical disorder, and the circumstances before and after the crime, etc., the Defendant is deemed to have received hospital treatment with alcohol respect and depression prior to each of the above crimes, but was in a state of mental and physical loss or mental weakness due to the above disease at the time of each of the above crimes.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. Article 4(1) of the Medical Care and Custody Act regarding the claim for the medical care and custody, where a person subject to the medical care and custody needs to receive the medical care and custody, the prosecutor may apply for the medical care and custody to the competent court.

In the instant case where a prosecutor does not make a claim against a prosecutor, the above assertion cannot be used as the ground for appeal.

However, even if the court below acted on the ground that it is illegal to require the prosecutor to file a request for medical care and custody, Article 4(7) of the Medical Care and Custody Act requires the court to conduct the medical care and custody as a result of the examination of the prosecuted case.

When determining the person, a public prosecutor may request the medical treatment and custody application.

In the light of the form of the provision, “.......”