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(영문) 대전고등법원 2016.04.08 2016노18

재물손괴등

Text

The defendant's appeal against the part of the case against the defendant is dismissed.

The judgment below

The part of the treatment and custody case is.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (four months of imprisonment) against the Defendant and the Defendant and the Defendant-related care and custody applicant (hereinafter “Defendant”) is too unreasonable.

B. As to the Defendant’s mental disorder in the part of the treatment and custody case, the Defendant’s treatment and custody for the Defendant was voluntarily treated after the instant crime, and the symptoms have been significantly improved, and the Defendant’s treatment and custody for the Defendant’s mental disorder is deemed to be able to prevent recidivism in the future.

2. Determination

A. As to the part of the case of the Defendant, the lower court determined the Defendant’s punishment by comprehensively taking account of the unfavorable circumstances and favorable circumstances as revealed in the grounds for sentencing.

In full view of the various factors of sentencing on the defendant as shown in the records of this case, since the court below's punishment on the defendant seems to be appropriate, it cannot be deemed unfair because it is too unreasonable.

This part of the defendant's assertion is without merit.

B. As to the part on the medical care and custody case, the lower court determined as follows: (i) the Defendant had been sentenced to two or more imprisonment with prison labor due to property damage and assault, etc.; (ii) the mental assessment result of the medical care and custody center for the Defendant; and (iii) the Defendant was sentenced to a fine of KRW 500,000 from the Daejeon District Court on August 20, 2013; (iv) the Defendant again committed the instant crime on December 22, 2014; and (v) the Defendant’s environment is difficult to provide appropriate medical treatment in light of the background and content of the crime; and (v) the Defendant’s occupation and living environment.