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(영문) 광주고등법원 2013.06.27 2013노190
재물손괴등
Text

Defendant

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

Reasons

1. Summary of the grounds for appeal by the defendant and the candidate for medical treatment and custody (hereinafter “defendants”).

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder due to the compilation mental fission.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant's assertion of mental disorder 1 is acknowledged as having a component mental disorder at the time of committing the crime of this case, but it does not seem that the defendant had no ability to discern things or make decisions. Therefore, this part of the defendant's assertion is without merit. 2) The defendant's confession of the crime of this case and reflects the mistake, and the defendant suffers from the comonent mental disorder, etc. are favorable to the defendant.

However, in full view of all the circumstances revealed in the arguments of this case, including the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable, as it is deemed that the Defendant’s punishment is too unreasonable, and there is no reason to assert this part of the Defendant’s assertion.

B. As long as the Defendant filed an appeal against a prosecuted case, the medical treatment and custody application case is deemed to have filed an appeal against the medical treatment and custody application case pursuant to Article 14(2) of the Medical Treatment and Custody Act, but there is no reason to reverse the application form or petition form of appeal by the Defendant and his/her attorney without stating the grounds for appeal or petition form

3. In conclusion, the defendant's appeal is without merit.

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