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(영문) 서울고등법원 2014.10.30 2014노2247
현주건조물방화예비
Text

Defendant

The appeal of the candidate for medical treatment and custody shall be dismissed.

Reasons

1. The summary of the grounds for appeal and the candidate for medical treatment and custody (hereinafter “defendants”) do not need to be treated at the medical treatment and custody facility and there is no risk of recidivism.

2. Determination

A. Although the Defendant appealed against the accused case on the date of the first trial of the court of first instance, all the grounds for appeal as to the accused case on the date of the trial of the court of first instance, and in light of the records, there is no reason to investigate

B. In light of the evidence duly admitted and investigated by the court below, the court below is just to determine that the defendant needs to receive medical treatment at a medical treatment and custody facility and that the risk of recidivism is recognized on the ground of the circumstances in its holding, and there is no error of law by misunderstanding the facts or by misapprehending the legal principles

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act, since all of the appeal by the defendant is without merit. It is

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