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(영문) 대전고등법원 (청주) 2015.08.20 2015노74
공용물건손상등
Text

Defendant

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

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. Considering the circumstances cited in the grounds of appeal, the lower court’s sentencing is unreasonable, even in light of the following: (a) the Defendant and the applicant for medical treatment and custody (hereinafter “defendants”) have a history of criminal punishment twice; (b) the period of repeated crimes; and (c) the content and circumstances of each of the instant crimes.

The grounds for appeal are without merit.

3. The court below sentenced a medical treatment and custody case to the defendant, and in the event that the defendant files an appeal against a prosecuted case, the defendant is deemed to have filed an appeal against the medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act, but the defendant did not submit any grounds for appeal as to the medical treatment and custody case, and even if examining ex officio, there is no illegality in the court below's measure

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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