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(영문) 서울고등법원 2019.05.23 2019노10
상해등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The punishment (a fine of one million won) imposed by the court below on the defendant case (unfair punishment) is too unreasonable.

B. In light of the fact that the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) are in an environment where appropriate medical treatment is available and the mother shows a strong intention of medical treatment, etc., it is difficult to deem the Defendant to have the necessity to undergo medical treatment at the medical treatment and custody facility and to have the risk of recidivism, the medical treatment and custody order

2. Determination

A. The lower court, as to the part of the Defendant case, took into account the following factors: (a) the Defendant used violence against the victims without any particular reason; (b) the Defendant did not take appropriate measures to recover damage; and (c) the victim did not hedging from the mental shock that occurred from each of the instant crimes; and (d) the Defendant expressed his intent to punish the Defendant in an investigative agency and a court of the lower court; (b) the Defendant did not suffer injury; (c) the Defendant committed each of the instant crimes in a state of mental disorder; and (c) the Defendant’s mother’s wife was in a state of mental disorder; and (d) the Defendant’s wife’s wife’s wife’s wife was extremely difficult; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., and determined the sentence against the Defendant as a fine of one million won, by

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing alleged by the defendant in this court are the circumstances in which the court below had already taken into account the defendant's punishment while determining the defendant's punishment.

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