beta
Text
Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (eight months of imprisonment) against the Defendant in the Defendant case and the candidate for medical treatment and custody (hereinafter “Defendant”) is too unreasonable.
B. The lower court’s order of medical treatment and custody to the Defendant is unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared with the first instance court on the part of the accused case, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, as indicated in its holding, determined the punishment in consideration of all the circumstances favorable to the Defendant and the unfavorable circumstances. There is no particular change in the sentencing conditions compared to the lower court, and even considering the various sentencing conditions in the records and arguments in this case, it does not seem that the sentence imposed by the lower court is too excessive to exceed the reasonable scope of discretion.
Therefore, this part of the defendant's argument cannot be accepted.
B. The lower court on the part of the medical treatment and custody claim claim case: (a) the Defendant was diagnosed with pulmatic disorder on July 28, 201; (b) on July 16, 2019, the Defendant diagnosed the Defendant on the aforementioned medical opinion that “A patient needs to receive prompt medical treatment because of the absence of sick awareness and the low drug response; (c) the Defendant appears to have violent inclination; (c) the Defendant was able to engage in two times of punishment due to an act of violence; (d) the Defendant was hospitalized in the F Hospital on November 21, 2018 at the F Hospital; (e) the Defendant was hospitalized in G Hospital on March 19, 201; and (e) the Defendant was hospitalized in the F Hospital on July 16, 2019; and (e) the Defendant was hospitalized in an emergency hospital on July 12, 2019; and (e) the Defendant was hospitalized in the Japanese police station on his/her own 400 million cash call.