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(영문) 부산고등법원 2013.07.24 2013노277 (1)
살인미수등
Text

Defendant

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

Reasons

1. The summary of the grounds for appeal (the defendant and the respondent for medical treatment and custody; hereinafter referred to as the "defendant") is too unreasonable.

2. Determination on the grounds for appeal

A. There are favorable circumstances for the Defendant, such as the fact that the Defendant committed a crime in the part of the Defendant’s case both, and the Defendant took a depth of the mistake, the fact that the Defendant committed the attempted murder with weak mental and physical disorder due to the administration and drinking of phiphonephones, and the fact that the victims and the victims have agreed to do so.

However, the crime of this case is a non-discriminatory case where two victims who were living on the upper floor while the defendant administered phiphonephones are tried to kill in a knife and do so, and the nature of the crime is heavy, and in particular, the victim D is more than 84 years old at the time of committing the crime, and even though the agreement was reached, the victims were deemed to have suffered physical and mental severe pain due to the attempted murder of this case, and the crime of this case was committed six times due to the violation of the Act on the Control of Narcotics, etc. (fence), and the crime of this case was committed during the period of repeated crime, and the crime of this case was committed during the period of repeated crime, and all of the sentencing conditions indicated in the arguments of this case, such as the defendant's age, family relationship, living environment, and the circumstance and result of the crime of this case, it cannot be deemed unfair to have imposed the sentence of the court below too much on the defendant.

Therefore, the defendant's assertion of unfair sentencing is justified.

B. The part of a medical treatment and custody case is deemed to have filed an appeal regarding a medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act when the defendant has filed an appeal regarding a prosecuted case. However, there is no reason to investigate and reverse this part ex officio without stating the grounds for appeal or grounds for appeal on it

3. In conclusion, the defendant's appeal is without merit and therefore, Article 364 (4) of the Criminal Procedure Act and the Medical Treatment and Custody Act.

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