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(영문) 부산고등법원 2020.02.05 2019노542

살인미수등

Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Summary of the grounds for appeal (defendants and candidates for medical treatment and custody);

A. Unreasonable sentencing of the Defendant case: The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.

B. Medical treatment and custody case, where the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) suffered from the medical treatment and custody case (hereinafter “Defendant”), are fully in charge of the relevant symptoms if the medical treatment and custody case continues to take place. However, at the time of committing the instant crime, the Defendant was negligent in neglecting the use of the medical treatment and custody for one year.

Therefore, it is more effective to ensure that the defendant continually uses the medical treatment and custody rather than the medical treatment and custody, so the medical treatment and custody claim should be dismissed.

2. Determination

A. The lower court determined that according to the circumstances acknowledged by the evidence duly admitted and investigated by the lower court (3 and 4 of the original judgment), the Defendant needs to receive medical treatment at a medical treatment and custody facility and the risk of recidivism if not receiving appropriate medical treatment.

The defendant's assertion is based on the premise that the defendant can receive treatment with his/her own or in good faith according to the direction of his/her family or medical personnel.

However, considering the following circumstances, which can be known through the records of the court below, the defendant needs to receive medical treatment and custody for the defendant as it is difficult to expect more sincere and effective medical treatment under the autonomous environment.

This part of the Defendant’s assertion is difficult to accept.

① Not later than now, symptoms, such as net conditions, exchange conditions, behavioral disorder, etc., are aggravated to the extent that it is dangerous for defendants to depend only on autonomous drugs without external control.

② Around January 2, 2019 to February 28, 2019, the immediately preceding case was hospitalized in a mental department, but did not take any particular measure.