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(영문) 서울고등법원 2014.01.09 2013노3286

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one year and six months of imprisonment, and two years of suspended execution) sentenced by the court below to the defendant and the candidate for medical treatment and custody (hereinafter “defendants”) is deemed unreasonable.

B. It is unreasonable for the court below to dismiss a request for medical treatment and custody even if the necessity of medical treatment and custody is recognized to some defendants.

2. Determination

A. As to the part of the defendant's case, the crime of this case was committed against two employees of the emergency transport team who want to be hospitalized in the hospital by the defendant, and was committed with serious criminal liability. The crime of this case appears to have suffered a large amount of physical and mental pain due to the crime of this case, and the injury suffered by the victim D is a factor to impose a sentence disadvantageous to the defendant.

Meanwhile, in full view of the following circumstances: (a) the Defendant is divided into one’s own crimes and is against himself; (b) the Defendant has no penalty force heavier than the fine; (c) the Defendant appears to have committed the instant crime in a contingent state with weak mental and physical disorder such as alcohol dependence; (d) the victims have not been punished; and (e) the family members of the Defendant have been able to manage and supervise the Defendant well in the future; and (e) other circumstances, such as the Defendant’s age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable.

Therefore, this part of the prosecutor's argument is without merit.

B. As to the part of the medical treatment and custody case, the lower court is likely to cause the Defendant to suffer from mental illness, such as alcohol dependence, anti-social disorder, etc., and to cause violent behavior unless the Defendant continues to use drugs that suppress emotional adjustment, and for a long time.