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(영문) 서울고등법원 2014.04.25 2014노503
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

Part of the Medical Treatment and Custody Case shall be reversed.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment) imposed by the lower court on the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) is too unreasonable.

B. Although a prosecutor (in-depth deliberation on medical treatment and custody, misunderstanding of facts) needs to receive medical treatment in a medical treatment and custody facility and risks of recidivism, the lower court dismissed the Defendant’s application for medical treatment and custody by misunderstanding

2. As to the part of the defendant's case, there are circumstances that can be considered in light of the circumstances of the defendant, such as the fact that the defendant committed the crime of this case in a state of mental disorder due to the decline in impulse control capacity, that the defendant committed the crime of this case in a state of mental disorder due to the deterioration of impulse control capacity, that most damaged goods were recovered, that if the defendant has no specific criminal record, other than the criminal record related to the larceny, and it is possible for him to correct only the habitle of the larceny, he could lead a normal social life of the defendant, that the defendant shows the intention to treat the larceny thiety and return to normal social person, and that his mother and surrounding persons are also able to assist the defendant in medical treatment, etc. in the future.

However, the Defendant was convicted of having been sentenced to punishment more than nine times due to the same theft as the instant crime. The instant crime began since one year and six months after having been sentenced to imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year and six months have not elapsed since it was temporarily released from October 28, 201, and the instant crime was committed on about 34 occasions during about one year and eight months from the beginning of November 201 to July 3, 2013, and the damage amount was also about 67,697,000 won, and the result of the instant crime or the instant crime was not easy. The stolen goods of the Defendant were goods of the department store, and even if they were later recovered, they were later.

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