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(영문) 부산고등법원 (창원) 2015.04.01 2015노24
살인미수
Text

Defendant

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

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. Determination

A. The sentencing of the lower court on the part of the Defendant case (as stated in detail in the fourth sentence of the original trial) is justifiable in light of the sentencing criteria and other sentencing cases, etc., as well as the sentencing criteria and other sentencing cases, etc., and even if the additional sentencing materials are added in the trial, they are not hot

(In response, according to Article 18 of the Medical Treatment and Custody Act, the medical treatment and custody is first executed, and in this case, the execution period of the medical treatment and custody includes the execution period of the sentence). In light of the facts of the requirements for the medical treatment and custody recognized, there is no reason to view

B. As long as the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) have filed an appeal against a prosecuted case, it is deemed that they have filed an appeal against a medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act. However, the Defendant failed to submit any grounds for appeal regarding a medical treatment and custody case, and even upon examining the lower judgment, there is no ground for ex officio investigation and reversal as to this part.

3. As such, the defendant's appeal is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act. It is so decided as per Disposition.

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