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(영문) 대전고등법원 (청주) 2019.10.17 2019노85
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, etc.) is too unhued and unreasonable.

B. The lower court’s dismissal of the request for medical treatment and custody is unfair, since the Defendant’s dismissal of the request is recognized as the risk of recidivism.

2. Determination

A. The lower court rendered a suspended sentence of two years (Probation and mental health treatment order) to the Defendant, in full view of all favorable sentencing conditions, including the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., taking into account the following favorable circumstances: (a) the Defendant committed the instant crime by repeating his/her speed or stopping his/her order without any justifiable reason; (b) the Defendant committed the instant crime at a disadvantage, such as: (c) the nature of the instant crime, the possibility of criticism and criticism; and (d) the Defendant’s failure to receive a letter from the victim; (d) the Defendant’s ability to distinguish things, decision-making ability was deteriorated; and (e) the Defendant had no record of the crime; and (e) the Defendant’s age, character and behavior, the environment, motive and circumstance of the crime; and

Even when considering the grounds for unfair sentencing stated by the prosecutor in the statement of grounds for appeal, the victim does not want the punishment of the defendant by mutual agreement with the victim during the trial period, and considering the sentencing guidelines of the Supreme Court Sentencing Committee, it is not recognized that the sentence of the court below is too

Therefore, the prosecutor's assertion is not accepted.

B. The lower court, based on its stated reasoning, has the need for the Defendant to receive medical treatment at a medical treatment and custody facility.

Considering that it is difficult to readily conclude that a defendant is at risk of recidivism without medical treatment and custody or without medical treatment and custody, probation and medical treatment order was issued to the defendant, and the request for

There are various circumstances revealed by the court below.

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