(영문) 서울고등법원 2015.04.02 2015노24 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.04.02 2015노24

강도상해

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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 (three years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant’s crime in the part of the instant case is favorable to the Defendant that the Defendant and the applicant for medical treatment and custody (hereinafter “Defendant”) committed the instant crime in a state of mental disorder due to drinking-related disorder, that the Defendant’s mistake is against himself/herself, and that the Defendant deposited KRW 1 million for the purpose of the victim at the trial.

However, the defendant has been sentenced to a suspended sentence of three years in one year and six months for the crime of attempted robbery in 2005, the defendant's lids with a shoulder change, which is dangerous goods of the defendant, and thereby forcibly taking the victim's goods into consideration how to commit the crime and the quality of the crime is not good, and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, are considered appropriate. Thus, the defendant's assertion is without merit.

B. As long as the defendant filed an appeal against a prosecuted case, the part of the medical treatment and custody case 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, and the defendant and his/her defense counsel also filed an appeal against the medical treatment and custody claim, but this part of the appeal was withdrawn, and the defendant recognized all the facts constituting the medical treatment and custody case in the original judgment, including the necessity of medical treatment at the medical treatment and custody facility and the risk of recidivism, and the judgment of the

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, Article 51 of the Medical Treatment and Custody Act, and Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition

참조조문

-치료감호 등에 관한 법률 제14조 제2항

-치료감호 등에 관한 법률 제51조

-형사소송법 제364조 제4항

유사 판례

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