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Cases
2013Do12720 Murder
2013doz. 32 (Joint Medical Treatment and Custody)
Paryaryary
Applicant for Medical Treatment and Custody
A person shall be appointed.
Appellant
Defendant and Applicant for Medical Treatment and Custody
Defense Counsel
Attorney E (Korean National Assembly Line)
Judgment of the lower court
Gwangju High Court (formerju) Decision 2013 - 151, 2013 (formerju), September 27, 2013, 2013No10
(Consolidation) Judgment
Imposition of Judgment
December 26, 2013
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. The accused case;
Examining the reasoning of the lower judgment in light of the records, the lower court, based on its reasoning.
The rejection of the argument of the petitioner for medical treatment and custody (hereinafter referred to as the "defendant") on the defectiveness of the petitioner for medical treatment and custody
It is just to do so, and contrary to the allegations in the grounds of appeal, the incomplete hearing or legal scenarios as to the defect.
There is no violation of law in the year.
In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is rendered by the court below.
Only where a sentence of death, life imprisonment, or imprisonment with or without prison labor for at least ten years has been imposed, can be imposed.
in this case where the defendant was sentenced to a more minor punishment, the amount of punishment is unreasonable.
No appeal shall be filed with the Supreme Court for reasons.
2. As to the medical treatment and custody claim
When a defendant files an appeal against a prosecuted case, the award shall also be made on the medical treatment and custody claim
The appeal shall be deemed to have been filed, but a statement in the petition of appeal or the statement in the grounds of appeal shall be deemed to have been filed.
(2) the Corporation.
3. Conclusion
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
shall be determined.
Justices Park Jae-young
Justices Yang Chang-soo
Justices Park Byung-hee
Justices Ko Young-han
Justices Kim Jae-tae