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(영문) 대법원 2016.06.09 2016도4807
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the defendant's case, the defendant and the victim of the medical care and custody (hereinafter "defendant") did not commit a crime that the court below found guilty on the notice of the grounds of appeal.

“Inasmuch as the description was indicated in the item, but did not state specific reasons, this does not constitute legitimate grounds for appeal.

Other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.

2. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the claim for medical care and custody, the lower court, on the grounds stated in its reasoning, requires the Defendant to receive medical treatment at the medical care and custody facilities and there is a risk of re-offending.

It is justifiable to maintain the judgment of the first instance court ordering the treatment and custody.

There is no error of law as alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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