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(영문) 서울고등법원 2017.05.25 2017노396

폭력행위등처벌에관한법률위반(우범자)등

Text

Defendant

In addition, the appeal filed by the medical care and custody requester and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The lower court erred by misapprehending the legal doctrine or ordering the treatment, custody, and custody of the Defendant, even though the Defendant did not pose a risk of repeating a crime with respect to the part of the claim for the medical care, which was alleged by the Defendant and the person who filed for the medical care and custody.

(2) The sentence (1,500,000 won) imposed by the lower court on the part of the Defendant case is too unreasonable.

B. The above sentence, which the prosecutor alleged on the part of the case of the defendant, by the court below, is too unfasible and unfair.

2. Determination

A. The following circumstances acknowledged based on the judgment of the court below and evidence duly adopted and examined by the court below as to the part of the medical care and custody claim, namely, (i) the defendant was suffering from being hospitalized by a mental fission for six months from December 25, 2014 to June 24, 2015 due to symptoms such as exchange rate and damage network; (ii) the previous crime of the defendant was committed in subway Emphra and intition to the surrounding people; (iii) again repeated the crime of this case using knife in subway during the suspension period of execution; (iv) the defendant was investigated and investigated by the court below and the court below; (v) the defendant was under investigation to operate the police station for a long time; and (v) the defendant was under the same condition to prevent knife persons who might attack him/her at the close time, and (v) the defendant was under the influence of his/her own ability to use knife from the subway to the extent that he/she did not know of the need to commit the crime.