Text
The judgment of the court below is reversed.
Defendant
A candidate for medical treatment and custody shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
B. In light of the fact that the treatment and custody between the accused and the applicant for a medical treatment and custody (hereinafter “defendant”) is more effective than having the treatment under custody, and the family members of the accused also help the accused completely recover from the treatment and custody, the necessity of the medical treatment and custody and the risk of recidivism cannot be recognized.
2. Determination
A. As to the assertion of unfair sentencing, the crime of this case committed by the defendant on the ground of unfair sentencing is likely to be committed by the defendant on the ground that the defendant, who had no one who had no one-way system on the new wall attached to the exchange office, was deprived of the victim without any one-way system, and the background and method of the crime are in danger.
According to the above crime, the victim has undergone two times of surgery, but he/she is suffering from post-treatment, such as without leaving eyes, and he/she is in the place where he/she takes an additional surgery to correct her clothes and death.
The above point is disadvantageous to the defendant.
On the other hand, the fact that the defendant led to the crime of this case, there is no criminal history, and the victim paid 4.5 million won to the victim under the name of medical expenses, deposited 13 million won in the name of medical expenses, and the victim complained of the wife against the defendant by mutual consent with the victim and the victim.
Considering the above grounds for sentencing and other circumstances revealed in the arguments of this case, such as the Defendant’s age, character and conduct, family relationship, environment, circumstances surrounding and degree of crime, and the scope of recommended sentences as determined by the Supreme Court’s Sentencing Committee (two months to one year of imprisonment), the lower court’s punishment is somewhat unreasonable.
Therefore, this part of the defendant's argument is justified.
B. The lower court, based on the evidence duly adopted and examined by the lower court, on the allegation of unjust medical treatment and custody.