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(영문) 광주고등법원 (제주) 2013.04.10 2013노4
상습사기등
Text

Defendant

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

Reasons

1. Taking into account all the circumstances, including the following: (a) the summary of the grounds for appeal (e) the Defendant and the applicant for medical treatment and custody (hereinafter referred to as the “Defendant”) failed to refrain from drinking due to alcohol dependence; (b) the Defendant committed the instant crime; and (c) the Defendant has the intention to lead a normal social life by overcoming alcohol dependence; and (d) the lower court’s punishment is too unreasonable.

2. Determination

A. The part of the defendant's case committed the crime of this case against the defendant, and the mother of the defendant committed the crime of this case against the defendant. The defendant's mother pays a total of KRW 9.50,00 won to some victims for damages, etc. However, the crime of this case is deemed to be appropriate since the defendant was provided with drinking and salbling a total of at least KRW 1.85,00 won on nine occasions under the status that the defendant lacks the ability to discern things or make decisions due to alcohol dependence, and the crime is not good in light of the circumstances of the crime. The defendant committed the crime of this case during the period of repeated crime due to the first head of the crime of this case in the judgment of the court below. The defendant committed the crime of this case at least three times during the period of repeated crime due to the criminal offense of this case, and considering all the sentencing conditions stated in the records of this case, such as the defendant's age, character and behavior, intelligence and environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime.

B. As long as the Defendant filed an appeal against the Defendant’s case, the medical treatment and custody application case is deemed to have also been filed pursuant to Article 14(2) of the Medical Treatment and Custody Act. However, the Defendant is obliged to file an appeal after the deadline for filing an appeal.

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