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(영문) 대법원 2014.05.16 2014도3641
존속상해치사등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") with respect to the prosecuted case was in a state of mental disorder at the time of the crime of this case shall not be a legitimate ground for appeal as alleged in the ground of appeal only because the defendant did not regard it as the grounds for appeal or make it subject to ex officio

Furthermore, even if examining the record, it is difficult to view that the Defendant was in the state of mental disorder at the time of committing the instant crime.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only when the court below rendered a sentence of death, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where the defendant was sentenced to a minor sentence, the argument that the sentence is too unreasonable is not a legitimate

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court regarding the medical treatment and custody claim, the lower court’s determination of the need for medical treatment at a medical treatment and custody facility and the risk of recidivism is justifiable, and there is no error of law as otherwise alleged in the grounds of appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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