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(영문) 서울고등법원 2017.07.07 2017노1358

특수상해등

Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) on the part of the Defendant case is too unreasonable.

B. The part of the medical care and custody claim case is the defendant and the person holding the medical care and custody claim (hereinafter “defendant”).

Since the mental disorders of the family can be sufficiently improved through the treatment of private medical institutions under the protection of family members, there is no need for medical treatment in the treatment and custody facilities.

2. Determination

A. The Defendant committed the instant crime with weak mental and physical disorder due to mental illness.

The defendant recognized his mistake and reflected his mistake.

There is no history of criminal punishment against the defendant.

These points are favorable to the defendant.

On the other hand, the defendant, without any particular reason, has been injured by several times by leaving the victims.

It seems that physical injuries suffered by victims are not easy and mental impulses are considerable.

There was no agreement with the victims, and the damage was not recovered.

Swords possessed by the defendant without permission may cause substantial danger when used for other crimes.

I seem to appear.

These points are disadvantageous to the defendant.

In addition, considering the Defendant’s age, sex, mental disorder, environment, family relationship, circumstances after the crime, etc., all of the sentencing conditions leading to the argument in the instant case, such as the Defendant’s age, sex, mental disorder, family relationship, and result, the lower court’s punishment cannot be deemed unfair.

B. Comprehensively taking account of the circumstances stated in the lower court on the part of the claim for medical care and custody, the Defendant needs to receive the risk of recidivism and treatment.

After receiving the diagnosis of the mental fission certificate in 2010, the Defendant was hospitalized at the Ginginging Hospital from June 26, 2014 to June 27, 2014, and from April 27, 2015 to May 1, 2015, the Defendant was hospitalized at the Kinginging Hospital to be hospitalized, but the treatment was suspended after being discharged at the guardian’s request.

On November 24, 2016, the Defendant is again the Government of the Republic of Korea upon the solicitation of the Protection Observation Office.