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(영문) 대법원 2015.04.23 2015도3662

공갈등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law in incomplete deliberation as to the mental and physical disorder as alleged in the

In addition, in light of the legislative form and content, etc. of the Medical Treatment and Custody Act, it cannot be deemed that Article 4(7) of the Medical Treatment and Custody Act imposes an obligation on a court to request a medical treatment and custody application. Thus, even if the defendant suffers from alcohol or labor-management disorder, it cannot be said that the court below erred in failing to request a medical treatment and custody application against the defendant

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 sentencing of the punishment

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