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(영문) 서울고등법원 2015.09.03 2015노1821
특수공무집행방해치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (two years of imprisonment, three years of suspended execution, and probation) in the part of the Defendant’s case is too uneasible.

B. The judgment of the court below that dismissed the request for medical treatment and custody even if the necessity for medical treatment and the risk of recidivism are recognized, is unlawful, since the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") suffered efficulative mental disorder for more than 20 years ago.

2. Determination

A. The part of the Defendant case was also appealed by the prosecutor, but only the contents of the medical treatment and custody case in the statement of grounds of appeal dated June 16, 2015, and it should be deemed that the Defendant case did not submit the statement of grounds of appeal as to the Defendant case without stating the part concerning the Defendant case. Even if ex officio examination is conducted, the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s allegation

B. Under the title of "decision on the claim for medical treatment and custody", the court below dismissed the prosecutor's request for medical treatment and custody by giving a detailed statement on whether the defendant "necessary to receive medical treatment at a medical treatment and custody facility" and "risk of re-offenders" under Article 2 of the Medical Treatment and Custody Act. In comparison with the above judgment of the court below, the judgment of the court below is just and it is without merit. Thus, the prosecutor's assertion on

3. According to the conclusion, the prosecutor’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, on the grounds that the appeal is groundless

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