(영문) 대구고등법원 2013.12.05 2013노512 | 리걸엔진

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자간(%)

(영문) 대구고등법원 2013.12.05 2013노512

존속상해치사등

Text

Defendant

The appeal of the candidate for medical treatment and custody shall be dismissed.

Reasons

1. Part of the defendant's case

A. The gist of the grounds for appeal is that the sentence of the lower court (three years of imprisonment and medical treatment and custody) is too unreasonable.

B. The judgment of the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") recognized the crime of this case and divided the wrongs, the defendant committed the crime of this case in a state that the defendant lacks the ability to discern things or make decisions due to mental illness that was suffered by ordinary person, and has committed the crime of this case contingently, and there are some conditions to consider even in the motive of the crime, the victim's bereaved family members are the defendant's wife, and the defendant has only been sentenced to a fine of two times, which are favorable to the defendant.

On the other hand, the defendant was injured by the method of walking the side of the victim, such as his mother-child and frighting, etc., which led to the death of the victim.

In full view of the relationship between the defendant and the victim, the methods and results of the instant crime, etc., the possibility of criticism is very high.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, it is not recognized that the lower court’s sentence, which is the lowest sentence imposed according to the sentencing guidelines, is too unreasonable.

2. When a defendant has filed an appeal against a prosecuted case, he/she shall be deemed to have filed an appeal against a medical treatment and custody application case pursuant to Article 14 (2) of the Medical Treatment and Custody Act.

However, the defendant did not state specific grounds for appeal regarding the medical treatment and custody claim, and even after examining the judgment of the court below, there is no reason to investigate and reverse this part ex officio.

3. Conclusion, the judgment of the court below.

참조조문

-치료감호 등에 관한 법률 제14조 제2항

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