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(영문) 광주고등법원 (전주) 2021.03.17 2020노229
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The request for the treatment and custody of this case is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) the Defendant withdrawn his/her claim for mental and physical disorder among the grounds for appeal specified in the reasons for appeal at the fourth trial.

The sentence of the court below (one year of imprisonment) is too unreasonable.

2. The instant crime on the grounds of appeal is deemed to be an act of assaulting or inflicting bodily injury on the victims without any particular reason by the Defendant and the person holding the custody for the treatment and custody (hereinafter referred to as the “Defendant”).

The circumstances after the crime are not good, such as the Defendant’s avoidance of trial at the lower court and escape for a long time.

Victims D and I have not been recovered from damage.

In addition, the defendant has been punished for the same crime.

In this respect, there is a need for punishment corresponding to the criminal liability for the defendant.

However, the fact that all of the crimes of this case are recognized by the defendant, that each of the crimes of this case was committed in a state of mental and physical weakness, that the degree of damage to each of the crimes of this case is not much serious, that the defendant does not want the punishment of the above victim E by mutual consent with the victim E in this court, that the defendant's father's efforts to treat the defendant and prevent recidivism are expressed, etc., may be considered as favorable to the defendant.

In light of the various conditions of sentencing, including the conditions of sentencing changed in the appellate court, as well as various other conditions of sentencing, such as the defendant’s age, sex, environment, background and motive of the crime, methods of criminal act, the result of the crime, and the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

We accept the defendant's unfair argument in sentencing.

3. The judgment of the court on the claim for medical care and custody was judged by this court.

A. The summary of the grounds for the claim for the medical care and custody is due to mental illness, such as early illness and mental fission certificate.

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