(영문) 서울고등법원 2015.10.22 2015노2249 | 리걸엔진

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(영문) 서울고등법원 2015.10.22 2015노2249

공용물건손상등

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the defendant's case is misunderstanding of facts and the candidate for medical treatment and custody (hereinafter "defendant").

(2) Although the lower court did not commit each of the crimes in the lower judgment 2015Gohap59, the lower court found the Defendant guilty, it erred by misapprehending the facts. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment) is too unreasonable.

B. The lower court that declared the medical treatment and custody was unlawful despite the necessity of the medical treatment and custody case and the risk of recidivism by the Defendant.

2. Determination

A. Part 1 of the defendant's case concerning the assertion of mistake of facts also at the court below, and the court below rejected the defendant's assertion in detail under the title "decision on the defendant's and his defense counsel's assertion" in the judgment of the court below. In comparison with the above judgment of the court below, the judgment of the court below is justified, and it is not erroneous in the misapprehension of facts as alleged by the defendant, which affected the conclusion of the judgment. Thus, the defendant's assertion is without merit. 2) The defendant's assertion of unreasonable sentencing is not recognized to be too unfair, considering the circumstances cited by the court below at the time of the decision of sentencing, the defendant's age, character and conduct, and environment, and all of the sentencing conditions in the records and arguments of this case, such as the defendant'

B. According to the evidence duly admitted and investigated by the court below on the part of the medical treatment and custody case, the defendant was in a state of mental suffering from a mental disorder at the time of committing each of the crimes in this case, the symptoms remain, and there is a need for a considerable mental treatment in the future. Thus, the defendant is sufficiently recognized that there is a need for medical treatment in the medical treatment facility and the risk of recidivism.

Therefore, it is true.

유사 판례

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