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(영문) 서울고등법원 2016.02.16 2015노3334

공무집행방해등

Text

Defendant

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

Reasons

The summary of the grounds for appeal - The court below's decision on the treatment, custody and custody for the defendant is unreasonable, even though there is no need for medical care and custody by establishing the intent to directly treat the defendant, and even though there is no risk of recidivism, the court below's decision on the treatment, custody and custody for the defendant is unreasonable.

Judgment

The Defendant also appealed to the Defendant case.

However, there is no indication of the grounds for appeal on this part of the petition of appeal or the statement of reasons for appeal, and there is no reason to reverse it ex officio.

According to the record on the part of the medical care and custody claim claim, the fact that the Defendant voluntarily received medical treatment from January 30, 2015 to February 10, 2015, from February 25, 2015 to April 1, 2015, from May 18, 2015 to May 22, 2015, from May 18, 2015; and from December 1, 2015 to December 4, 2015 is recognized.

However, the following facts acknowledged by the evidence duly adopted and examined by the court below, namely, (i) the defendant committed each of the instant crimes even though he received multiple medical treatments due to the symptoms such as chronic drinking, impulse impulse difficulty, aggressive speech and behavior, and emotional humiliation, etc.; (ii) the defendant has difficulty in social adaptation due to the symptoms such as symptoms of alcohol dependence and mental disorder; and (iii) the defendant was diagnosed to require mental therapy for the treatment of mental disorder in the future; and (iii) he appears to have been voluntarily hospitalized at the hospital; however, although the defendant voluntarily transferred from the hospital to the hospital after he returned to the hospital, he did not receive proper medical treatment repeatedly, such as notifying the defendant of his complaint, expressing his dissatisfaction to the sick environment, and releasing him, and thus, he did not receive proper medical treatment at the treatment and custody facility rather than voluntary treatment of the defendant.