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(영문) 부산고등법원 2015.11.11 2015노536
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court on the Defendant’s case and the requester for medical treatment and custody (hereinafter “Defendant”) (two years of suspended sentence in six months of imprisonment and two years of suspended sentence) is too uneasible and unfair.

B. Although the risk of recidivism is high as the Defendant suffers from a mental fission, the lower court erred by misapprehending the legal doctrine or dismissed the application for medical treatment and custody.

2. Determination

A. On the assertion of unfair sentencing, the crime of this case was committed by the defendant on the part of the victim E with the key attached to the vehicle and stolen the above vehicle by driving the vehicle, and even though the victim E's grandchildren on the above vehicle demanded to get off the vehicle while leaving the vehicle, there seems to have been serious fear and shock due to the crime of this case, and the defendant's mental condition showed that there was a high possibility that there was a dangerous situation such as traffic accident, etc., but the defendant all of the crimes of this case was recognized and against the defendant. On the other hand, the vehicle was returned to the victim E, and the distance and time of driving the grandchild while driving the vehicle, and committed the crime of this case in a state of mental disorder due to early illness, the victim E was driving the vehicle and detained the vehicle, and the defendant did not appear to have been sentenced to unfair sentencing by comprehensively considering all the circumstances that the defendant was favorable to the defendant.

B. As to the assertion on the part of the claim for medical treatment and custody, the lower court’s determination on the part of the claim, i.e., the following circumstances, i., ① the Defendant appeared to have been showing symptoms of her from around 1997, but

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