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(영문) 서울고등법원 2019.01.16 2018노3014
상해등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a habitual condition due to the injury and injury of the Defendant.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of unfair sentencing, the part 1 of the defendant's case is found to have been in a state that the defendant had weak ability to discern things or make decisions due to the injury or illness at the time of the crime of this case, but it does not seem that the defendant did not have the ability to discern things or make decisions. This part of the defendant's assertion on unfair sentencing cannot be accepted. The defendant's assertion on unfair sentencing cannot be accepted. 2) The defendant committed the crime of this case in a state of mental disorder caused by the injury or illness, and is against the recognition of

However, the crime of this case is not suitable in light of the circumstances and contents of the crime, where the victim who had taken over had been injured without any reason.

Defendant has been punished several times for violence in a similar way even before.

The victim is trying to punish the defendant.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, means and result of the crime, various sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable.

We cannot accept this part of the defendant's assertion.

B. The part of a medical treatment and custody case is deemed to have filed an appeal for a medical treatment and custody case in accordance with Article 14(2) of the Medical Treatment and Custody Act, if the defendant filed an appeal against

However, the defendant did not submit legitimate grounds for appeal concerning medical treatment and custody cases, and did not state the grounds for appeal concerning this part in the petition of appeal, and the record is examined.

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