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(영문) 대구고등법원 2014.06.11 2014노7
살인미수등
Text

The judgment below

The part of the defendant's case and the part of the medical treatment and custody case shall be reversed respectively.

Defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. It is necessary for the Defendant and the respondent for an attachment order and the respondent for an attachment order (hereinafter “defendant”) to receive medical treatment in the medical treatment and custody facility from the Defendant and the respondent for an attachment order and the respondent for an attachment order (hereinafter “defendant”).

It is difficult to recognize that there is a risk of recommitting murder or committing murder.

Nevertheless, the court below's decision of medical treatment and custody is unreasonable.

B. The prosecutor (unfair punishment) sentenced by the lower court to the Defendant (three years of imprisonment and four years of suspended execution) is deemed to be too uneasy and unfair.

2. Determination:

A. 1) Determination on the part of a medical treatment and custody case is based on the following: (a) the Defendant was a person who had been suffering from her early 15 years ago and had been receiving medical treatment; (b) the Defendant committed a crime of attempted murder, as stated in the facts of the crime in the judgment of the court below, with lack of the ability to discern things or make decisions due to efficiencies; and (c) there is a need for medical treatment and custody facilities to provide medical treatment and custody for treatment; and (d) the lower court determined that the Defendant’s mental state recognized by each of the evidence of the court below, the process and details of the instant crime, and the circumstances after the crime, and the risk of recommitting

3) The risk of repeating a crime, which is the requirement of the relevant legal principles, refers to a case where the requester for the warrant is highly probable to prevent the crime from committing a crime in a state of mental or physical disorder in the future.

At this time, the existence of the danger is the act of causing the danger to the requester for the custody, and the contents of the crime and the degree of mental disorder of the requester for the custody at the time of the pronouncement of the judgment, the nature of the disease which is the cause of mental disorder, the difficulty of treatment, the degree of difficulty of treatment in the future, and whether the requester for the custody has an environment for continuing treatment in the future.

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