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(영문) 대전고등법원 (청주) 2014.09.18 2014노129
폭력행위등처벌에관한법률위반(상습존속상해)
Text

Defendant

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. Determination:

A. As to the sentencing of the court below on the case of the defendant, the crime of this case is habitually assaulted by, without any particular reason, the elderly parents, children, and daughters, and the nature of the crime is very poor, and the defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendants") are subject to punishment for the same kind of crime, and accordingly, the crime of this case was committed during the period of repeated crime, and the defendant's age, character and behavior, environment, and the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court, etc., although considering the various circumstances cited in the grounds of appeal, such as the defendant's mistake is against their depth and commits the crime of this case in a state of mental and physical disability caused by alcohol dependence, it does not seem that the sentencing of the court below is unfairly heavy.

The grounds for appeal are without merit.

B. The lower court declared that the Defendant is subject to medical treatment and custody cases, and so long as the Defendant filed an appeal on the Defendant’s case, the appeal on the medical treatment and custody case shall be deemed to have been filed pursuant to Article 14(2) of the Medical Treatment and Custody Act. However, the grounds for appeal on the medical treatment and custody case have not been submitted and the ex officio examination of the case does not

3. If so, the defendant's appeal on the defendant's case and medical treatment and custody case is without merit. Thus, it is dismissed under Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act. It is so decided as per Disposition.

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