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Main Issues
The case holding that it is not illegal that the court's request for medical treatment and custody is not requested to a prosecutor by making a mental appraisal, etc. against the defendant who has symptoms alcohol addiction.
[Reference Provisions]
Article 4(1) and (7) of the Medical Treatment and Custody Act
Reference Cases
Supreme Court Decision 2006Do4211 Delivered on September 14, 2006
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Jeong-mo
Judgment of the lower court
Changwon District Court Decision 2006No1691 Decided February 15, 2007
Text
The appeal is dismissed. 65 days out of detention days after the appeal shall be included in the original sentence.
Reasons
The grounds of appeal are examined.
Examining the adopted evidence of the judgment of the court of first instance maintained by the court below and the court of first instance in light of the records, the decision of the court below which affirmed the judgment of the court of first instance that found the defendant guilty of the crime that the defendant steals money from Nonindicted Party 1 or stolen a mobile phone from Nonindicted Party 2 is just, and there is no error of law such as incomplete deliberation or misconception of facts due to
In addition, the record reveals that the defendant was in a state of mental disorder due to alcohol addiction at the time of the crime of this case. Thus, the court below's decision that did not reduce punishment due to mental disorder is just and there is no error of law such as misunderstanding of legal principles as claimed in the grounds of appeal.
In addition, in light of the legislative form and content, etc., it cannot be deemed that the Medical Treatment and Custody Act imposes an obligation on the court to request medical treatment and custody under the Medical Treatment and Custody Act, and thus, even if the defendant has a symptoms of alcohol addiction, it cannot be said that the court below erred in failing to request medical treatment and custody to the prosecutor by performing a mental appraisal,
Therefore, the appeal shall be dismissed, and 65 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-ran (Presiding Justice)